Court held that construction activity by a state enterprise constitutes business activity regardless of its corporate statute.
Legislator summary
AI generatedThe Supreme Court allowed the taxpayer's claim to deduct construction expenses by overturning the lower court's decision. The taxpayers argued that building and selling apartments constituted business activity under the Income Tax Act, despite their state enterprise statute prohibiting such operations. The court ruled that the statutory definition of business activity depends on the factual purpose of the activity, such as selling units via auction, rather than the literal content of the enterprise's statute, which had become obsolete following legislative reforms.
Legislator headnote
AI generatedArt. 26 ust. 1 pkt 5 lit. d Ustawy o podatku dochodowym od osób fizycznych; Art. 2 ust. 1 Ustawy o działalności gospodarczej: The determination of whether an activity constitutes business activity relies on factual circumstances and the purpose of the action, not solely on the enterprise's statutory text.