Monitor Podatkowy

no. 12/2018

Recognizing tax costs in case of debt contribution in kind on the example of verdict of the Provincial Administrative Court in Warsaw of 12.10.2017, III AC/Wa 3315/16

DOI: 10.32027/MOPOD.18.12.1
Magdalena Sobolewska
Autorka jest doradcą podatkowym nr 12948, starszym konsultantem w MDDP, doktorantką w Kolegium Zarządzania i Finansów SGH.
Abstract

Not every situation in business life will be regulated by a tax law, and yet, it is supposed to be applied in a way that guarantees tax neutrality. A taxpayer was given the right to identify costs in a situation when defraying costs of creating debtswas not so obvious. Based on newregulations, which will be in force from 2019, there might be some doubts whether in case of loan (credit) debt contribution in kindthat is prerogative of entities to which a contribution is made, taxpayers will have a right to identify costs.