Счетоводна Къща Елан Консултинг - счетоводни услуги в бургас, адвокат данъчно право и данъчен адвокат в България.

Accounting of a sports club or sports federation represents a unique and multifaceted process that requires a thorough understanding of not only general accounting principles and norms, but also the specific features associated with their activities and organizational structure. This is because sports clubs and federations can register in different forms, from non-profit legal entities to commercial companies, which significantly affects their accounting and taxation.

On the one hand, as non-profit legal entities, sports clubs and federations focus primarily on the development of sports and their social goals, with profit not being the main goal. This requires a specific approach to accounting for income and expenses, where donations, memberships and subsidies occupy an important place. On the other hand, when they are registered as commercial companies, they follow the standard accounting and taxation approach, seeking to generate profits and optimize their tax obligations.

In addition, the accounting of sports clubs and federations must take into account specific aspects such as the financing of sporting events, the management of sponsorship contracts and television rights, as well as investments in sports infrastructure and talent. These features dictate the need for precise and detailed accounting to ensure clarity and transparency for all stakeholders.

Accounting and taxation of sports club/sports federation - ULNC

Accounting and taxation of a sports club registered as a non-profit legal entity (ULNC) form an important part of the management of such organizations. Although the main objective of these clubs is not profit, they can engage in economic activity, as long as this contributes to the achievement of their main objectives set out in the statutes or the instrument of incorporation.

Is membership import in sports federations and clubs an economic activity?

It all depends on this whether the membership fee gives only the right to membership or specific services are provided in exchange for the payment of the membership fee!

According to the legislation in Bulgaria, non-profit legal entities (ULNCs), including sports clubs and sports federations, have the right to carry out both non-profit and commercial activities, as long as the latter is in support of their main objectives defined in the statutes or the constituent act.

According to Art. 3, para. 1 of the Law on Non-Profit Legal Entities (ZULNC), ULNCs freely determine the means to achieve their objectives, being able to carry out additional business activities related to the subject of their main activity, using the revenues from it to achieve the objectives defined in the statutes.

The membership fee paid by members of a sports club can be considered as an economic activity if it is related to the provision of specific services. These can be

  • Access to an unlimited number of workouts in various sports — yoga, fitness, dance, martial arts and more
  • Obtainingany services, benefits, information materials, etc., to which non-members of the sports club do not have free access
  • Discounts(incl. from activities, seminars, courses, etc. of the organization)to which non-members of the sports club do not have access
In such a case, the membership fee is not just an amount for membership, but also a payment for obtaining specific services, which qualifies it as income from economic activity!

It is important to emphasize that even when a specific business activity is not specified in the Commercial Law explicitly, this does not mean that it is not such and does not exempt the organization from the tax obligations arising from that activity. According to Art. 1, item 2 of the Corporate Income Tax Act (CPA), profits from business activities of legal entities that are not traders, including from the rental of movable and immovable property, are taxable.

Thus, in general terms, when assessing whether a membership contribution constitutes income from an economic activity, it is important to analyse whether services or other benefits are provided to members against it. If the services provided against the membership fee are the main reason for payment and are formed on a market basis, then such imports can be considered as income from economic activities and, as such, are subject to taxation under the terms of the CPA.

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How is accounting sponsorship of a sports club accounted for?

Accounting for sponsorship in the context of sports clubs registered as non-profit legal entities (ULNCs) depends on the terms and characteristics of sponsorship contracts, as well as on whether the consideration is equivalent or not.

Where the value of the material support received by the ULNC significantly exceeds the value of the organisation's commitments to the sponsor, such contracts are treated as donationsand refer to the non-profit activity of ULNC. In these cases, sponsorship is counted as a donation with the condition that it is provided for a specific occasion, for example, for the organization of an event at which the sponsor will be presented. Upon receipt of funds from the sponsor, the amount is reported as financing.

If the sponsorship is provided without a specific occasion and is related to various current events of the organization, it is counted as an unconditional donation and is recognized as current income in the period of its receipt!

For Corporate Income Taxation (Corporate Income Tax) purposes, sponsorship contracts with non-equivalent consideration (i.e. sponsorship in which what the sports club has received is not equivalent to what it has given) NOT included in the scope of business activity of ULNC and do not form corporate tax liabilities. In the case of the sponsor, the costs under the sponsorship contract are recognized as expenses for donations in accordance with Article 31 of the CPA.

When sponsorship implies Equivalent considerationIt is treated as a contract for advertising and is a business activity for ULNC. In these cases, the reporting follows the general principles of accounting for advertising services, the income from such contracts being subject to corporate tax in the general order.

When and how are sports clubs and sports federations subject to VAT?

Sports clubs and sports federations registered as non-profit legal entities (NULCs) in Bulgaria may be subject to VAT in certain situations, which depend on the type of activity carried out and the way in which the income is generated. VAT issues are often complicated by the specific nature of the activities of sports clubs, which can carry out both taxable and exempt activities.

When is sport exempt from VAT?

According to the VAT Act (VAT), services directly related to sport or physical education provided by organisations registered under the Non-Profit Legal Entities Act (ZULNC) as organisations designated for the performance of public utility activities may be exempt from VAT. This includes sports clubs that are registered with the respective sports federation and offer services directly related to their sporting activity. The main condition is that the service is directly related to sports or physical education, and that this activity is carried out by a non-profit organization registered to carry out a public service activity.

Scope of the VAT

In order to determine whether an activity is taxable or exempt from VAT, it is important to look at the specific services that the sports club provides. Revenues from the rental of sports facilities, such as tennis courts, for use for consideration may be considered taxable supplies, unless they fall explicitly within the category of exempt supplies, as specified in Article 41, item 4 of the ZVAT, where the services are directly related to sport or physical education and are provided by organizations designated to carry out activities of public benefit.

Exempt supplies

Services which are directly related to the sporting activity of the club and provided by the JULNCs designated for the performance of a public service activity are generally treated as exempt supplies. This includes activities such as training, competitions and other sporting events that are part of the club's mission to promote and develop the sport.

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The question of VAT on the activities of sports clubs depends on the specific services they provide and on whether those services can be regarded as directly linked to sport or physical education. Sports clubs should carefully analyze their activities and consult with VAT specialists to ensure compliance with legal requirements and make the most of possible tax exemptions.

Do sports clubs pay local taxes and fees?

Local taxes and fees for sports clubs registered as non-profit legal entities (ULNCs) include different types of payments that these organizations must make depending on the activity and property they use. Among these payments are a garbage tax and a tax on the acquisition of motor vehicles (vehicles), as well as a tax on vehicles.

Garbage tax

YULNCs, which are property owners, are obliged to pay a fee for household waste (garbage fee). This fee covers the services of garbage collection and garbage removal, the disposal of municipal waste, as well as the maintenance of the cleanliness of the territories for public use. The annual amount of the fee is determined by decision of the municipal council and is based on an approved plan account. The main method for determining the amount of the fee is in BGN, according to the amount of household waste, with the possibility of setting the fee in BGN per user or proportionally on another basis established by the municipal council.

Tax on the acquisition of motor vehicles

When acquiring motor vehicles, ULNCs owe a tax, the amount of which is determined by the municipal council. The tax is paid in the municipality at the registered office of the debtor. For vehicles imported as new and registered for the first time in the country, no tax is due.

Vehicle tax

Vehicle owners are obliged to declare the vehicles they own to the municipality at their permanent address or registered office within two months of their acquisition. The amount of the tax for passenger cars is determined according to the engine power and adjusted depending on the year of manufacture. For vehicles equipped with catalytic devices and with an engine power of up to 74 kW, a 50% tax reduction is applied.

The tax is paid in two equal installments — from March 1 to June 31 and until October 30 of the corresponding year. Those who prepaid the tax for the whole year from March 1 to April 30 enjoy a 5% discount.

Patent tax

ULNCs are not subject to patent tax. This means that the specific tax applicable to individual entrepreneurs or microenterprises that carry out certain types of activities does not apply to non-profit legal entities, including sports clubs.

A general approach to local taxes and fees for sports clubs requires careful planning and management of finances to ensure that all obligations to the local administration are met on time and in full.

Why trust the law firm “Kolibanekova & Partners” for registration of a sports club?

Choosing the right partner for registration and legal service of a sports club is essential for its successful functioning and development. Law firm “Kolybanekova & Partners”offers deep knowledge and specialization in the field of sports law, making it an ideal choice for this task. Here are a few reasons to trust them for sports club registration:

  1. Specialized Expertise:Law firm “Kolybanekova & Partners” has in-depth knowledge in the field of sports law. This specialized experience ensures that all legal and tax aspects in the registration and management of a sports club will be addressed adequately and in accordance with the latest legislative frameworks.
  2. Individual Approach:Every sports organization has its own unique needs and challenges. The office applies an individual approach to each client, adapting its services according to the specific requirements and goals of the sports club.
  3. Partnership with Elan Consulting:The cooperation between Elan Consulting and the law firm “Kolibanekova & Partners” provides comprehensive services that cover both legal and tax issues. This partnership is synonymous with quality and reliability, providing customers with access to a wide range of professional services under one roof.
  4. Professionalism and Reliability:Law firm “Kolybanekova & Partners” is known for its professionalism, attention to detail and strict adherence to deadlines. This ensures that the registration process and all subsequent legal and tax procedures will be carried out efficiently and smoothly.
  5. Successful practices and deeds:The history of successful cases and satisfied clients of the law firm “Kolybanekova and Partners” speaks for itself. Their ability to provide effective solutions even in the most complex cases is a testament to their expertise and competence.

By choosing a law firm “Kolybanekova & Partners” as your partner in the process of registration and management of a sports club, you invest in the security and prosperity of your organization. With their support, your sports association will have a solid foundation for success in all aspects of its activities.

Frequently Asked Questions

Does a sports club registered as a ULNC have to pay VAT?

Sometimes, YES! Sports clubs registered as non-profit legal entities may be subject to VAT if they carry out an independent economic activity. Services directly related to sport or physical education provided by such organisations may be exempt from VAT provided that they meet certain criteria laid down in the VAT.

How is sponsorship accounted for in the accounting of a sports club?

Sponsorship may be accounted for differently depending on the terms of the sponsorship contract. If the value of the support significantly exceeds the value of the club's commitments, the contract is treated as a donation and counted as a non-profit activity. Upon receipt of funds from the sponsor, they are counted as financing and recognized as current income in the period during which the expenses for the event or activity were incurred.

What are the main tax obligations for a sports club registered as a ULNC?

Sports clubs owe tax on profits from business activities, if such activity is carried out. It is important to distinguish between commercial and non-profit activities, the former being subject to taxation. If the JULNCs carry out an independent economic activity and pass the specified VAT registration thresholds, they become taxable persons and must charge and remit VAT on their taxable supplies. In the event that JULCs receive interest or dividends from investments, such income may also be subject to taxation in accordance with national law. It is mandatory for sports clubs to keep detailed accounting records and file their tax returns on time to avoid potential fines and penalties. The advice of a qualified accountant or tax consultant can be essential in ensuring compliance with all applicable tax regulations.

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