III RN 156/01
AI generated
Supreme Court dismissed tax deduction for shareholder car expenses as not being expenses on their behalf under tax law.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the company's appeal regarding the tax authority's rejection of car usage expenses. The company argued these costs were deductible business expenses, but the court held that expenses reimbursed to shareholders or board members are excluded from deduction under Article 16 of the Corporate Income Tax Act. The court reasoned that such reimbursements do not constitute expenses incurred for the purpose of generating income but rather represent unilateral benefits to shareholders.
Legislator headnote
AI generatedArt. 16 ust. 1 pkt 38 ustawy o podatku dochodowym od osób prawnych; Expenses reimbursed to shareholders or board members are not deductible as expenses on their behalf under the Corporate Income Tax Act.
Keywords
AI generated
corporate income tax
shareholder expenses
tax deduction
business expenses
unilateral benefit
reimbursement
board members
Cited Legislation
AI generatedArt. 16 ust. 1 pkt 38 of the Corporate Income Tax Act
Art. 15 ust. 1 of the Corporate Income Tax Act
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 1 of the Civil Procedure Code
Art. 10 of the Act on Amendment of the Civil Procedure Code