The Permissibility of Joint Personal Income Taxation for Same-Sex Couples under Polish Law in the Context of CJEU and SAC Jurisprudence

The article provides a comprehensive legal-dogmatic and constitutional analysis concerning the admissibility of joint personal income taxation (PIT) for same-sex couples who have married abroad. The author demonstrates that under currently applicable Polish legislation, such a solution remains inadmissible. The argument is predicated on the premise that joint tax filing constitutes a strict exception to the principle of individual taxation, to which the prohibition of expansive interpretation must be strictly applied. The article demonstrates that the refusal to grant this privilege to informal unions does not violate the constitutional principle of equality, as these relationships do not possess the same relevant characteristic.

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Publication Details

Journal
Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych
Published
2026-10-30
DOI
https://doi.org/10.5604/01.3001.0055.9781
Primary Topic
Taxation and Legal Issues
Type
article
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article

The Permissibility of Joint Personal Income Taxation for Same-Sex Couples under Polish Law in the Context of CJEU and SAC Jurisprudence

Paweł Chomański
Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych
Taxation and Legal Issues
article

The Permissibility of Joint Personal Income Taxation for Same-Sex Couples under Polish Law in the Context of CJEU and SAC Jurisprudence

Paweł Chomański
article en

Abstract

The article provides a comprehensive legal-dogmatic and constitutional analysis concerning the admissibility of joint personal income taxation (PIT) for same-sex couples who have married abroad. The author demonstrates that under currently applicable Polish legislation, such a solution remains inadmissible. The argument is predicated on the premise that joint tax filing constitutes a strict exception to the principle of individual taxation, to which the prohibition of expansive interpretation must be strictly applied. The article demonstrates that the refusal to grant this privilege to informal unions does not violate the constitutional principle of equality, as these relationships do not possess the same relevant characteristic.

Doradztwo Podatkowe - Biuletyn Instytutu Studiów PodatkowychVol. 10(362)
University of Białystok (PL)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
Taxation and Legal Issues
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