Legislator Case Law & Legislation
III RN 23/99 AI generated

Court allows deduction of accrued social fund payments as business expenses even if not yet paid out.

Case Number III RN 23/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court allowed the taxpayer to deduct accrued payments to the social fund as business expenses despite the funds not being transferred to a separate bank account. The tax authority argued that expenses must be actually incurred, but the taxpayer contended that accrual accounting principles permitted deduction for amounts booked in the correct tax year. The court ruled that since the amounts were properly accrued and related to the tax year's income, they qualified as deductible costs under the Income Tax Act.

Legislator headnote

AI generated

Art. 15 ust. 4 ustawy o podatku dochodowym od osób prawnych; Art. 16 ust. 1 pkt 9 lit. a ustawy o podatku dochodowym od osób prawnych: Accrued payments to a social fund constitute deductible business expenses if booked in the correct tax year, even if the funds have not yet been physically paid out.

Keywords

AI generated
accrued expenses deduction social fund payments income tax liability accrual accounting method tax year attribution business expense recognition tax authority review

Cited Legislation

AI generated
Art. 15 ust. 4 of the Income Tax Act for Legal Entities
Art. 16 ust. 1 pkt 9 lit. a of the Income Tax Act for Legal Entities
Art. 5 of the Act on the Social Fund
Art. 11 of the Act on the Social Fund
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 1 of the Code of Civil Procedure
art. 236 ust. 2 Konstytucji

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