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Tax

Company car taxation in Italy

Law Decree 16/2012 has modified Art. 164 of the Italian income and corporation tax act (TUIR) which governs the deductibility of the cost relating to private and commercial vehicles. The mentioned law change reduced the percentage of the deductibility of costs related to private cars assigned and not assigned to employees. Relevant cases:

Company car (private vehicle) assigned to the employees:

  • From the corporate income tax perspective: the deductibility of both the purchase cost (amortization cost / lease cost / rent cost) and the management cost (maintenance, fuel, parking etc.) have been reduced from 90 percent to 70 percent
  • From the employee’s personal income tax perspective: such assignment produces a taxable fringe benefit on the employee’s salary (the benefit is calculated on the basis of figures provided on an annual basis by a special public entity called A.C.I)

The above tax treatment must be applied if the assignment meets a few requirements in terms of:

  • usage: it must be both for business and private use
  • formality: the assignment must be supported by adequate documentation such as letter of assignment
  • duration: such assignment must be for most of the period of ownership during the tax year

Company car (private vehicle) assigned to directors who are not employees:

  • From the corporate income tax perspective:
    -   purchase cost (within the maximum amount of €18.075,99): the relevant percentage of deductibility has been reduced from 40 percent to 20 percent
    -   leasing cost (in proportion to a maximum purchase cost of € 18.075,99): the relevant percentage of deductibility has been reduced from 40 percent to 20 percent
    -   rental cost: (within the maximum amount of € 3.615,20 per annum) the relevant percentage of deductibility has been reduced from 40 percent to 20 percent
    -   management cost: the relevant percentage of deductibility has been reduced from 40 percent to 20 percent
    -   the above costs are fully deductible for the amount that is taxed as fringe benefit for the director
  • From the director’s personal income tax perspective:
    -   such assignment produces a taxable fringe benefit for the director (the benefit is calculated on the basis of figures provided on annual basis by A.C.I)

Company car (private vehicle) not assigned:

  • From corporate income tax perspective:
    -   purchase cost (within the maximum amount of €18.075,99): the relevant percentage of deductibility has been reduced from 40 percent to 20 percent
    -   leasing cost (in proportion to a maximum purchase cost of € 18.075,99): the relevant percentage of deductibility has been reduced from 40percent to 20 percent
    -   rental cost: (within the maximum amount of € 3.615,20 per annum) the relevant percentage of deductibility has been reduced from 40 percent to 20 percent
    -   management cost: the relevant percentage of deductibility has been reduced from 40 percent to 20 percent
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