This photo has several legal and tax implications. 👉
“Can I put logo promotion as an expense?” is probably the most well-known of these. ✅From a legal standpoint, a statutory officer who “knocks off” such a sponsorship has a duty to be able to rationalize the move from the perspective of the company he or she represents. And if he does not know how to rationalise, he may suffer criminal consequences (e.g. § 67j of the Commercial Code) in addition to commercial ones (e.g. § 237 of the Criminal Code). ✅ In terms of VAT, we also see a positive trend in our litigation practice. For example, we recently succeeded in winning a dispute regarding the “VAT deductibility” of logo presentations at music concerts. And the decisions of the tax office were not overturned by the court, but by the FR SR and the MF SR. ✅ From an income tax perspective, the approach of the tax authorities should be even more benevolent and limited to the main purpose test. Therefore, for example, an invoice for “plastering” a yacht in the Caribbean with an advertisement: “Pallet Sales – Galvani’s” would probably raise suspicions. All the more so if the charter of such a yacht would subsequently be free to this owner of the Galvani pallet shop. The premiere decision in a similar case was the “divers” case (Czech SAC 1 Afs 107/2004). In it, a businessman established a civic association, the financing of which was a tax expense at the level of his company. However, this civic association financed only the sporting activities of the entrepreneur’s family. However, this is an interesting topic. However, it is also interesting from the point of view of the beneficiaries, which are civic associations or non-profit organisations.
The case of the Bratislava British International School, a non-profit organisation, has been publicised in connection with the non-payment of taxes. Anyone interested in the topic of taxation of CSOs and NPOs and tax avoidance, I wrote about it in my newsletter here: https://lnkd.in/e7xBEq2K P.S. For those who need context for this photo with this post https://lnkd.in/eDTgx3ft, I think several of us grew up on Elan, including me 😉. P.P.S. (just to be sure) There are about 20-25 young guys on the FKM Karlova Ves soccer team besides me. And since the coach said a resolute NO to my repeated request to end my final career (but with a promise to continue sponsorship), it is reasonable to assume that my participation in the starting eleven is a consequence of my training and dietary discipline. And therefore not in return for sponsorship from Highgate Law & Tax and Highgate Accounting. Because if it were, it would become my non-cash income and I would have to tax that 😉.