Stamp duty as a tax deductible cost

Both at the stage of setting up a business and in the course of its conduct, entrepreneurs incur a number of expenses, including those related to stamp duties imposed by offices, commune heads or other authorities. They are collected in connection with the performance of certain official activities or the issuance of permits or certificates. These include fees for registering as a VAT payer or for a power of attorney granted. The obligation to pay this fee applies to natural persons, legal persons and organizational units without legal personality, on whose request activities subject to the fee are performed, with the exception of exempt entities. Check if stamp duty qualifies as tax cost.

Can stamp duty constitute a tax cost?

As is clear from the regulations contained in Art. 22 sec. 1 of the Personal Income Tax Act, tax deductible costs are expenses incurred in order to achieve income or maintain or secure the source of income, with the exception of the costs listed in art. 23. As you know, in order for an expense to be included in costs, it must be related to the activity carried out (direct or indirect). An indispensable requirement is also the correct documentation of the fee paid.

How to document the payment of stamp duty?

In a situation where the stamp duty has been paid at the cash desk of the competent office or to its appropriate bank account, the entrepreneur should receive a payment confirmation with:

• date,
• title of the fee paid,
• value of the fee paid,
• receipt number,
• stamp of the tax office,
• signature of the person who incurred the expense directly.

In a situation where the stamp duty has been paid directly to the bank account of the relevant authority, the payment confirmation will be the confirmation of the transfer.

An entrepreneur who keeps a tax book of revenues and expenditures, stamp duties, as a rule, should include in column 13 - other expenses.

Stamp duty reimbursement

It is worth emphasizing that the taxpayer may apply for a refund of the stamp duty incurred in a situation where the administrative act in connection with which it was incurred has not been completed. The return does not occur spontaneously, only at the request of the person concerned. The application must be submitted to the appropriate office. The refunded amount will be transferred to the bank account indicated in the application, sent by postal order (in this case the amount of the refundable stamp duty will be reduced by postage costs) or it can be collected at the cash desk of the competent tax authority. In a situation where the stamp duty has already been classified as tax costs and it is reimbursed, it should be corrected in this regard.