Kitzbühel’s former district police chief Josef Bodner had to pay 2,448 euros in residence tax as a tourist because he often visited his mother in East Tyrol. After his objection, good news came from the administrative court before Christmas.
“I am certainly not argumentative, but it is worth fighting for your convictions,” says Bodner happily about the pre-Christmas message from the administrative court. But he also admits, “Without the encouragement of a friend and lawyer, I probably would have given up.”
Always connected to home
The “Krone” already reported on the background in January: like many East Tyroleans, the now 71-year-old professional gained a foothold in North Tyrol and rose to a leading police position in the Kitzbühel district. He remained closely connected to his home in Abfaltersbach, not only visiting his mother around the holidays and staying in a small attic apartment in his parents’ house.
Suddenly a recipe for a “leisure stay”
Bodner only realized that the rules for a holiday home would apply when he received a flat-rate accommodation tax of 2,400 euros, plus a late payment surcharge of 48 euros – all calculated back over five years.
Arguments were accepted in court
The military retiree appealed to the administrative court and painstakingly prepared. “I encountered a young judge who acted objectively,” he said, praising his willingness to filter out during a hearing exactly what the purpose of the suspensions was. “I described helping my mother around the house and in the garden, doing woodwork for the tiled stove, trips to the doctor, shopping and smaller outings,” says the 71-year-old.
Ultimately, the administrative judge wrote: “There is no sufficient connection with tourism that would result in an obligation to pay tax.” The decision was therefore withdrawn.
“If necessary, you must fight within the rule of law”
Bodner’s conclusion on the case: “I want to send a signal to my fellow citizens that the rule of law, democracy and personal freedom have been given to the current generation. But they are not automatic and you have to fight when necessary.”
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
