The purpose of the paper is to present
the tax consequences resulting from the lack of recognition of registered
partnerships and same-sex marriages in certain EU member states, taking the
example of Poland. These aspects are usually perceived as discrimination of
citizens based on their sexual orientation. The author of this paper has
focused on various aspects of possible discrimination, mainly concerning
discrimination on the grounds of personal taxation, including inheritance and
gift taxes. For these purposes, the author analysed the domestic tax rules
differentiating couples living in a marriage and couples without that
possibility. These legal provisions have been analysed together with the most
recent domestic jurisprudence. Furthermore, the paper presents comparative
analyses of domestic rules with EU law. Due to the lack of case-law oriented
towards fiscal discrimination due to sexual orientation, the relevant CJEU (the
Court of Justice of the European Union, hereinafter: the CJEU) and ECHR
(the European Court of Human Rights, hereinafter: the ECHR) case-law have been
recalled to reveal possible violations of fundamental freedoms and tax
discrimination. The author makes a connection between the lack of proper
regulations implemented in the domestic law with the unjustified
differentiation of cross-border families on tax grounds. In the long run, only
the harmonisation of personal taxation at the EU level can lead to a resolution
to this situation. Alternatively, as an interim solution, the relevant ECHR
judgment may be of assistance.