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Married Couples as Single VAT Taxpayers: A New Era in Polish Tax Law

  • Recent court rulings in Wrocław have introduced a new approach to VAT in Poland.
  • The rulings follow a decision by the European Court of Justice in the Grzera case.
  • It was determined that a marriage can be treated as a single VAT taxpayer.
  • Previously, tax authorities treated each spouse as a separate taxpayer for property sales.
  • The European Court of Justice found no legal basis for this separate treatment.
  • The case involved a couple selling jointly owned land without VAT registration.
  • The tax authority issued separate VAT assessments to each spouse.
  • The Wrocław court ruled that the couple should be treated as a single taxpayer.
  • The court likened the couple’s joint property management to a civil partnership.
  • This decision marks a significant change in how VAT is applied to married couples.

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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