Abstract

The subject of the article is to analyze issues related to qualifying the acquisition of derivative financial instruments and derivative rights under an incentive program as a source of revenue. The author discusses the reasons for introducing the revenue source qualifier in the form of article 10(4) polish Personal Income Tax Act, the importance of transferability for recognizing the right as a derivative financial instrument, as well as the consequences related to the understanding of in-kind benefits and gratuitous benefits for the application of above mentioned regulation. The subject of the analysis is also the importance of having value for qualifying as a source of revenue and the issue of generating revenue at the stage of receiving derivative rights and derivative financial instruments.
The author is of the opinion that in tax terms, a right does not have to be transferable in order to be considered a derivative financial instrument and the inability to determine the value makes it impossible to apply the source of revenue qualifier. Moreover, the application of article 10 (4) of polish Personal Income Tax Act requires the arising of revenue at the stage of acquisition a financial instrument, which revenue must be subject to income tax, although it does not necessarily have to be taxed with this tax.