The right to a trade mark obtained by way of a donation made by the closest family member gives the opportunity to make depreciation write-offs at market value - the Director of the Tax Chamber in Bydgoszcz (hereinafter: tax authority) ruled on the day issued 12 February 2016 an individual interpretation of the signature. ITPB1/4511-1226/15-6/HD.
The Authority confirmed that since the right to an unregistered trade mark received by the taxpayer in the form of a donation would be the subject of copyright, it would therefore be possible to make depreciation write-offs from the initial value established by the expert.
The case concerned a taxable person who, by way of a donation, would obtain from his father the right to a trade mark, but who, at the time of its completion, would not be subject to protection resulting from registration in any Patent Office. The taxpayer intends to use the right to a trade mark in individual business activities by making depreciation copies of the trade mark and entering it in the records of fixed assets and intangible assets, and also intends to make the right to the trade mark in question payable to persons by means of a licence third.
The tax authority agreed to the position taken by the taxpayer thus confirming its legality. He stated that the unregistered trademark acquired by contract would be the subject of copyright within the meaning of the Copyright and Related Rights Act.
The initial value in this case shall be as defined Article 22g(1)(3) Act of 26 July 1991 on personal income tax (Journal of Laws of 2016, item 188, hereinafter: the PIT Act) the market value acquired by donations of intangible assets determined on the basis of the valuation made by the expert valuer.
According to Article 22(8) PIT laws at the expense of obtaining revenue are depreciation write-offs for the consumption of fixed assets or intangible assets, including, inter alia, licences and copyright or related property rights with an estimated period of use of more than one year, used by the taxpayer for purposes related to his economic activity or put up for use under a licensing agreement.
The Authority confirmed that since the right to an unregistered trade mark received by the taxpayer in the form of a donation would be the subject of copyright, it would therefore be possible to make depreciation write-offs from the initial value established by the expert.