expenses (meals) and accommodation (board and lodging at hotels) have become relevant for VAT because you can (finally) and deduct the cost ends up in the budget as 75% deductible.
To align with the European VAT law, Law 133 (August) 2008 was enshrined the right to deduct VAT invoices from hotels and restaurants [from September 1, 2008] and the deductibility of the cost to 75% [from January 1, 2009] for the costs of business activity or profession.
In other words, the VAT is deductible if the expenditure (food and / or lodging) is related to the activities of business or profession.
For this to be possible, necessary (but not sufficient) is that spending is documented invoice (receipt and, unless receipt speaking, that is integrated in the VAT number of the recipient).
the expense is not deductible for tax / income as above, if the case falls within the "costs of representation," referring to fiscal discipline in charge of the case.
In terms of "cost" of spending restaurant / hotel, the law distinguishes between the regime and the system of business professionals.
For professionals (Article 54, paragraph 5 of the Income Tax Code = Dpr 917/86)
this is art. 54 of the Income Tax Code, see paragraph 5
-> charge of catering and accommodation is deductible = 75% of the cost (Ie hours of assessment) exceed 2% of the fees stated (ie income; remember that the professional income is taxed for "cash" and not "competence").
-> Representation related to hotels and restaurants in the maximum deductible is = 1% of compensation, reduced to 75% of which by analogy to the previous norm.
-> costs of the accommodation / lodging at conferences / conventions are deductible = 50%, by definition, and given the new regulations (VAT deductible) the fee is deductible at 75%
-> food and lodging expenses incurred by employees (or associates co. & co.) not included in this news, as regulated in Art. 95, paragraph 3 of the Income Tax Code)
this is art. 95 of the Income Tax Code, see paragraph 3
For businesses (Article 109, paragraph 5 of the Income Tax Code = Dpr 917/86)
this is art. 109, see paragraph 5
-> cost = hotel restaurant and is deductible, if inherent lo'attività business, up to 75% of the cost (ie taxable income).
->'s hotel and restaurant costs for representation is = deductible (Art. 108 para 2)
this is art. 108, see c. 2
-> food and lodging expenses incurred by employees (or associates co. & Co.) Are governed dall'art. 95 comma 3.
questo é l'art. 95 del TUIR, vedere comma 3
questo il testo della circolare Direzione nazionale Ag. Entrate (n. 53 del 05/09/2008)
0 comments:
Post a Comment