Podatkowe uwarunkowania najmu budynków i lokali mieszkalnych w działalności gospodarczej polskich przedsiębiorców od 2023 r.
Tax conditions for the lease of residential buildings and apartments in business activity of Polish entrepreneurs since 2023

Summary/Abstract: The amendment to the income tax laws, introduced in 2022 in Poland, made it impossible for entrepreneurs, among other things, to include depreciation deductions on residential property in their tax-deductible costs. The aim of the article is to analyse the provisions introducing the above limitation, i.e., Article 22c point 2 of the Personal Income Tax Act and Article 16 point 2a of the Corporate Income Tax Act, and their consequences for entrepreneurs. The author also discusses the constitutionality of the provisions and the possibility of tax optimization consisting in avoiding the negative consequences of their application. The considerations are mainly based on the analysis of the Polish legal acts, as well as the case law of tax authorities and administrative courts.

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