Advertising or repre? Do you know the differences and tax implications?

Author:

IMG_S1_portret_0021

Stanislav Breznický

Senior Accountant Advisory

ETL EAST

Company:

Advertising or representation

In practice, there is often uncertainty regarding entertainment and advertising expenses. Correctly distinguishing between these expenses is key to their dtax treatment and accounting classification. In this brief overview, we provide a clear explanation to help you avoid mistakes and optimize your tax base. 

Entertainment expenses – NOT a tax expense

According to Section 21(1)(h) of the Income Tax Act, entertainment expenses (e.g., refreshments, hospitality, gifts without advertising) are not tax deductible, i.e., they do not reduce the tax base. 

Notice

Although it is not a tax expense, it is an accounting expense - it is accounted for as an expense, but is excluded from the tax base.

Typical examples:

business lunches and dinners with business partners,

gift baskets, chocolates, and other gifts without advertising labels,

non-alcoholic beverages (sweetened/sparkling water), coffee, and refreshments for visitors during meetings.

Expenses for employee drinking water may be tax deductible if they involve the provision of clean, still water (e.g., bottled water, barrel dispenser).

Advertising and promotional items – may be tax deductible

According to Section 19(2)(k) of the Income Tax Act, expenses for advertising and promotional items are tax deductible if: 

We recommend that the item be marked with a trade name, logo, or trademark.

Príklady:

pens, calendars, notebooks, mugs, etc. with logo,

laptop/tablet cases with company logo printing,

wine (if the value does not exceed 5% of the tax base).

When is it advertising and when is it representation?

Video

In Slovak language.

Conclusion and recommendation

Distinguish well between representation and advertising.

Representation expenses are not tax deductible (e.g. hospitality, alcohol). On the other hand, promotional items (with a logo) costing up to €17 excluding VAT per item may be tax deductible if they are informational and promotional in nature.

Photo-document.

All expenses should be supported by photographic documentation or an advertising contract.

Watch the value limit.

If the item exceeds €17 per piece, it may be considered a gift rather than a promotional item, which changes its tax regime (e.g., VAT cannot be applied and the expense is not deductible).

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