The taxman challenged his Lamborghini Aventador as a company car... but the court finally sided with the owner

It's a case that sounds like something out of a movie, or a chat between friends, and yet it's very real. In Germany, an independent expert has succeeded in having his Lamborghini Aventador as a company vehicle. A decision validated by the country's highest tax court, which sheds light on the sometimes surprising subtleties of the law.

A supercar in a professional fleet

It all begins with an atypical profile: an independent forensic expert whose professional fleet is unlike any other. Alongside a top-of-the-range BMW 740d xDrive sedan, he also uses a Lamborghini Aventador... for work.

Both vehicles are leased, and above all, the Italian supercar is fully dressed in an advertising film in the colors of its business. The strategy is clear: to use the Lamborghini as a rolling marketing medium, capable of making a lasting impression on business travelers. But for the German tax authorities, it's hard to believe. An Aventador as a work car? At first glance, the argument seems hard to defend.

The taxman strikes back

The dispute arose during a tax audit covering the years 2011 to 2013. The tax authorities questioned a number of factors: the Lamborghini's expenses, deemed excessive, and above all its alleged private use.

In Germany (and in many other countries), the rule is clear: when a company car is available for personal use, the tax authorities assume that it is actually being used for private purposes. This is known as a “presumption of private use”.

In this particular case, the inspectors believe that this presumption applies in full. All the more so as the taxpayer's handwritten logbooks were found to be illegible and therefore non-compliant. As a result, the tax authorities decided to tax fictitious private use, based on 1 % of the vehicle's value each month. A substantial sum for a car costing well over €250,000.

An unexpected defense...

Faced with this challenge, the entrepreneur doesn't just contest. He put up an original defense, which eventually convinced the courts. In his personal garage, he already owns a Ferrari 360 Spider and a Jeep Commander. In other words, vehicles perfectly suited to private use, even for pleasure.

For the judges, this element changes everything. It becomes difficult to argue that the company Lamborghini is being used for personal purposes, when the taxpayer already has equivalent or even more suitable cars at his disposal in the private sphere.

The court corrects the taxman's reasoning

The case went all the way to the Bundesfinanzhof, Germany's highest tax court. In its ruling of October 22, 2024, the court laid down a number of key principles. Firstly, the presumption of private use is not absolute. It can be overturned if the taxpayer provides credible evidence that, in his or her case, this assumption does not hold.

Above all, the court directly criticizes the reasoning of the previous court. It had ruled that only perfectly kept logbooks could prove the absence of private use. An approach deemed too restrictive. The Bundesfinanzhof is clear: even imperfect logbooks cannot be ignored out of hand. More broadly, all elements must be taken into account to assess the situation.

A key principle: reality before appearances

The ruling emphasizes a fundamental point of tax law: it is not necessary to prove to 100 % that a vehicle has never been used privately. It is sufficient to demonstrate that another scenario is credible. In this case, that exclusively professional use is plausible given the overall context.

And in this case, several elements point in that direction:

• professional use, with advertising on the vehicle
• route records, even imperfect ones
• and above all, the presence of private vehicles comparable in terms of prestige and performance

The court also pointed out that the closer private vehicles are to business vehicles in terms of status, the more illogical it becomes to use the latter for personal travel.

Interestingly, the Bundesfinanzhof did not make a final decision on the merits of the case. It overturned the previous decision and referred the case back to a lower court for reconsideration. In practice, however, the guidelines are clear. The court has imposed a much more detailed and global analysis, favorable to the taxpayer.

A Lamborghini... as a work tool

In the end, this case shows just how far tax reality can go beyond clichés. Where the tax authorities saw a luxury supercar used for pleasure, the courts recognized the possibility of strictly professional use. A Lamborghini Aventador transformed into an advertising medium, almost comparable in its role to a utility vehicle.

A decision that won't turn all supercars into company cars overnight, but it does remind us of one essential thing: when it comes to taxation, it's not the vehicle that counts... it's the use to which it's put. And sometimes, even a Lamborghini can become a credible business tool.