Kryterium celu poniesienia wydatku a koszty uzyskania przychodów – treść normatywna i implikacje antyabuzywne (artykuł dyskusyjny)
The criterion of purpose for which an expense was incurred and tax deductible costs – normative content and anti-abusive implications (a discussion)

Summary/Abstract: The article argues that under Article 15 Section 1 of the Act of 15 February 1992 on corporate income tax an expense (cost) can be tax deductible only if it meets the criterion of purpose, understood subjectively, i.e. such that obtaining tax revenues or conserving or securing their source was a primary (non-instrumental) purpose of a taxpayer who incurred the expense (cost). This condition is not fulfilled for expenses (costs) incurred with the aim of making tax losses. Consequently, in some cases the application of the provision, by refusal to qualify an expense (cost) as tax deductible, may thwart the taxpayer’s attempt to avoid taxation.

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