TY - JOUR
TI - Loss on Non-Deliverable Currency Options or Forward Contracts in Corporate Income Tax and the Notion of Expense Related to Acquisition of a Derivative
AU - Karczyński, Łukasz
TI - Loss on Non-Deliverable Currency Options or Forward Contracts in Corporate Income Tax and the Notion of Expense Related to Acquisition of a Derivative
AB - Due to financial crisis many entrepreneurs suffered heavy losses on currency options and forward contracts. Tax authorities tend to disallow deduction of those losses from the taxable income. Many cases ended up in administrative courts, resulting in judicature controversies on the issue in question. This paper is the second of four in a cycle. The aim of the whole cycle will be to analyze deeply these controversies and suggest the proper interpretation of the legal provisions, determining whether losses on currency options and forward contracts should or should not be regarded as tax-deductible expenses. The aim of this paper is to determine if the aforementioned losses may be regarded as expenses related to acquisition of these derivatives (excluded from tax-deductible expenses). The conducted analysis suggests that the expenses made to pay the losses cannot be regarded as such expenses, so they should be regarded as tax-deductible expenses if there are no other obstacles.
VL - 2016
IS - Issue 2 (2)/2016
PY - 2016
C1 - 2299-6834
SP - 1
EP - 14
UR - https://ejournals.eu/en/journal/financial-law-review/article/strata-osoby-prawnej-na-nierzeczywistych-opcjach-walutowych-i-kontraktach-terminowych-forward-a-pojecie-wydatku-zwiazanego-z-nabyciem-instrumentu-pochodnego
KW - currency option
KW - forward contract
KW - tax-deductible expense
KW - corporate income tax
KW - derivative
KW - expense related to acquisition