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NSA: Court Reviews Only the Challenged VAT Refund Extension

  • The Polish Supreme Administrative Court (NSA) held that when a VAT refund deadline has been extended multiple times, judicial review covers only the specific extension decision challenged by the taxpayer.
  • Earlier extension decisions for the same settlement period are not reviewed if they were not appealed and remain in legal force.
  • An exception applies only where the earlier decisions contain serious legal defects that could justify extraordinary reversal procedures and undermine their effective entry into legal circulation.
  • The ruling matters for taxpayers because repeated VAT refund extensions can significantly affect liquidity, and inaction against earlier extension orders may have lasting consequences.

Source: prawo.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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