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NEW LAW COSTS HOTELS AND RESTAURANTS

Studio Rag. Mario Stefano Ogna
Rag. Mario Stefano Ogna, commercialista e revisore contabile
Dott. Luigi A. Ogna, revisore contabile

CIRCOLARE NR. 2/2009 13 LUGLIO 2009

OGGETTO: SPESE ALBERGHIERE E SOMMINISTRAZIONE ALIMENTI E BEVANDE - NUOVA NORMATIVA FISCALE

There are many requests in this period come from companies in a short review of the new regulations concerning the limits for deducting expenses for serving food and drinks. We believe
to do something useful for our readers, to publish this short summary.

INTRODUCTION

The so-called "operation in summer 2008" changed the tax deductibility of meals and lodging expenses.
The new features include the VAT and direct taxes, with an undeniable complication
New taxes run from September 1, 2008;
New Products for the purposes of direct taxation shall commence from 1.1.2009 but with interest payments of the tax count 2009.
The topic of obvious interest, has led the Inland Revenue in its Circular explanation operational 53E of September 5, 2008 and the Circular 6E of March 3, 2009.

COMMENT THE NEW SYSTEM OF deduct VAT

Under the new provision, subject to VAT (companies and self-employed) September 1, 2008 may deduct the full VAT on:
* hotel services; *
serving food and beverages (in restaurants, pizzerias, bars, etc.).
provided that such costs are related with your activity.

Should the provision of hotel or restaurant is enjoyed by a person other than the actual buyer of the service (eg employee away) in order to deduct the VAT invoice must bear the heading of that subject.
In essence, the invoice must be addressed to both the client company, which travel to the employee (Mr. XYZ) or otherwise, the latter in a note attached to it.

not fall within these limitations the canteen employees and its substitute services.

RIGHT TO DEDUCT

Circular 6 / 2009 introduces an innovative concept, in some aspects can not be shared (see Circular 9 National Council of Chartered Accountants), which could open the same tendency for other scenarios (eg, fuel cards, etc..)
In essence, the client or the employee must travel at the time of the payment request an invoice, which is exposed in the bill. If the same
for organizational reasons, not recorded, it is not request (eg with the receipt), according to the Revenue Agency that will inevitably come together in that part would be non-deductible cost.
E 'should pay close attention to this work because the extrapolation of these values \u200b\u200bin retrospect, could be very costly in terms of time / cost (expected to be endorsed this position ministerial).

room and board charges framed as entertainment expenses

room and board expenses that meet the requirements of the expenses, not covered by this legislation, for on which the taxes will continue to be considered non-deductible.

deductibility FOR DIRECT TAXES (IRES - PIT)

The new law applies without distinction to entrepreneurs, companies and individual entrepreneurs.

E 'was provided for the partial deductibility of meals and lodging expenses to the extent of 75% of their amount, with some exceptions listed below.

The new rules for deducting tax from the time following the progress at 31.12.2008 (in general, then, since 2009) and accordance with legislative provisions affecting the counts of the advance tax 2009.

business income

not fall within the new framework, and therefore not subject to limitations on the deductibility of 75% food and lodging expenses incurred by employees and collaborators (also directors of the company, outside of the municipality in which the society.

The costs incurred within the local authority by such individuals, are subject to the limitation on the deduction of 75%.

WARNING Relatively costs incurred for board and lodging for travel performed by employees or consultants outside the municipal area, excluded from the new restrictions continue to apply the rules of deduction to the limits established by art. 95, paragraph 3, Income Tax Code (daily amount not exceeding € 180.76 or 258.23 for travel abroad).

SELF-EMPLOYED

As for the self-employed, the cost of hotel services and administration of food and beverages, are deductible in an amount equal to 75% and, anyway, for a total no more than 2% of compensation received during the taxable year.

CONCLUSIONS

The enhancements in terms of food and lodging expenses and entertainment expenses that can not go hand in hand, an accounting analysis that must be carried out first you start counting.

This fact implies, in my opinion the correct information to the sales staff and adequate collaboration of the same order in writing clear and expense reports.

its part, the accounting office should set up special accounts of the plan accounts, immediately useful to identify the relevant case.

available for further clarification, I offer

Sincerely
Rag. Mario Stefano Ogna

Studio in Milan Via Carlo Farini n. 63 - Tel 2002 6070006 Fax 0039 0039.02.69900389
Studio in Rome - Via Carlo Conti Rossini No.95 - Tel 06 51607681 - Fax 06 51607609 E-MAIL
mariostefano@ogna.net luigi@ogna.net