Skip to content

Module 223 min2123 wordsFree — no account

Costs with their own limit: entertainment, meals and hotels, phones, maintenance and interest expense

The explanation, in the order it is meant to be read · 35 sections · 1,475 words · 9 min

An SRL with 2,000,000 € of revenue spends 45,000 euros on client events and upmarket gifts. In the accounts it is all cost; in the tax return, entertainment is deductible only up to 1.5% of revenue, that is 30,000 euros. At the 24% IRES rate, the 15,000 euros above that cost the company 3,600 euros of extra tax.

What you will be able to do

  • Work out the entertainment allowance using the three percentages of revenue
  • Apply the 75 percent rule to meals and hotels and the traceable-payment requirement in Italy
  • Apply the 80 percent rule to phone and communication costs
  • Work out the 5 percent limit on maintenance and spread the excess
  • Apply to interest expense the limit of interest income plus 30 percent of gross operating profit

Entertainment: an allowance tied to revenue

Article 108, paragraph 2, allows entertainment expenses in the year they are incurred, provided they meet the relevance requirements set by decree of the Minister of Economy, including by reference to their nature and purpose. The deductible amount is then measured against the core-business revenue and income reported in the return for the same year.

The allowance works in bands: 1.5 percent of revenue up to 10 million euros, 0.6 percent on the portion between 10 and 50 million, and 0.4 percent on the portion above 50 million. Spending within the allowance is fully deductible; anything above it is added back to profit.

Summary table

Band of revenue and incomeDeductible percentage
Up to 10 million euros1.5%
Portion between 10 and 50 million euros0.6%
Portion above 50 million euros0.4%

Key figures

Allowance on revenue up to 10 million euros
1.5 %
Allowance on the portion between 10 and 50 million
0.6 %
Allowance on the portion above 50 million
0.4 %
Maximum unit value of free gifts that are always deductible
50 €

Spending on goods given away free with a unit value of no more than 50 euros is deductible in any case: branded pens or the company calendar stay outside the allowance calculation. Every expense under this paragraph, however, is deductible only if paid by bank or postal transfer, or by the other traceable methods the law provides.

Telling entertainment apart from advertising has a real effect, because this paragraph's allowance only concerns the former. Paragraph 4-bis lets the business ask the tax authority, through a formal ruling request, whether a given expense counts as advertising and promotion or as entertainment, before deducting it.

The allowance is based on revenue reported for the same year, so it is only known for certain once the year closes. During the year it is sensible to estimate it from expected revenue and keep a separate account for entertainment, so the excess does not come as a surprise at filing time, when the money has already been spent.

Meals and hotels: 75 percent

The last sentence of paragraph 5 of article 109 makes hotel stays and food and drink deductible at 75 percent. Costs covered by article 95, paragraph 3, which deals with employees' business trips, are excluded from the cut: those follow the rules that apply to employment.

Paragraph 5-bis adds a condition for spending within Italy. Meals, accommodation, taxi and chauffeur-driven hire journeys, and itemised reimbursements of the same costs, are deductible only if paid by bank or postal transfer or another traceable method. Paragraph 5-ter extends the rule to such costs for assignments given to self-employed workers.

The taxi in the example is not subject to the 75 percent cut, which only covers hotels, food and drink: paid by card it would have been deductible in full. The traceability required by paragraph 5-bis applies to spending within Italy; abroad, the 75 percent rule on meals and hotels still applies.

For self-employed professionals the rules are different and tighter. Article 54-septies allows meals and hotels at 75 percent but within 2 percent of the fees received in the year, and entertainment up to 1 percent of fees, always with traceable payment. The percentage of fees replaces the revenue bands used for businesses.

Phones: 80 percent

Article 102, paragraph 9, allows at 80 percent the depreciation, lease or rental payments and running and maintenance costs of terminal equipment for publicly available electronic communication services. This covers phones, smartphones and their subscriptions.

The percentage rises to 100 percent for phone systems in vehicles used to carry goods by road haulage companies, limited to one system per vehicle. A 500 euro smartphone falls within the assets up to 516.46 euros and is deducted in the year, but at 80 percent: 400 euros.

Maintenance: 5 percent of depreciable assets

Paragraph 6 of article 102 limits maintenance, repair, modernisation and conversion costs that the accounts have not added to the cost of the assets concerned. They are deductible up to 5 percent of the total cost of all depreciable tangible assets, as shown in the fixed-asset register at the start of the year.

The excess is not lost: it is deducted in equal instalments over the next five years. For newly formed businesses, in the first year the 5 percent is calculated on the cost of assets at the end of the year. Regular fees paid to third parties under maintenance contracts remain deductible on an accruals basis and outside the calculation.

Interest expense: the 30 percent of ROL limit

Article 96 deducts interest expense in two steps. First it is offset against the year's interest income and any interest income carried forward. The excess is then deductible up to 30 percent of gross operating profit from core business, known as ROL, for the year plus any ROL carried forward.

Definition

ROL — Gross operating profit from core business: the difference between the value and the costs of production in the profit and loss account, headings A and B of article 2425 of the Italian Civil Code, excluding depreciation of fixed assets and lease payments on business assets.

Interest left undeducted is not lost: it is deducted in later years, when 30 percent of those years' ROL, together with interest income, leaves room. Unused ROL for a year, on the other hand, can be carried forward to increase ROL in the following five years.

Surplus interest income also has a memory: if in a year it exceeds interest expense, including amounts carried forward, the surplus moves to later years. For businesses working with public bodies, statutory late-payment interest calculated under Legislative Decree 231 of 2002 also counts as interest income.

Key figures

Share of ROL that absorbs net interest expense
30 %
Years unused ROL can be carried forward
5 years
Deductible share of meals and hotels
75 %
Deductible share of phone costs
80 %

The overall picture

Summary table

Cost familyDeductibility ruleProvision
Business entertainmentAllowance of 1.5%, 0.6% and 0.4% of revenueTUIR art. 108, paragraph 2
Business meals and hotels75%, traceable payment in ItalyTUIR art. 109, paragraphs 5 and 5-bis
Phones and communication services80%TUIR art. 102, paragraph 9
Maintenance not capitalised5% of asset cost, excess over five yearsTUIR art. 102, paragraph 6
Interest expenseInterest income plus 30% of ROLTUIR art. 96
Cars in mixed use20% within 18,075.99 euros of costTUIR art. 164
Professionals: meals and hotels75% within 2% of feesTUIR art. 54-septies
Professionals: entertainmentUp to 1% of feesTUIR art. 54-septies

The table is a reminder that each limit applies after the general principles of the first module, not instead of them. A dinner with no business purpose does not become 75 percent deductible: it stays fully non-deductible. And maintenance relating to 2027 does not enter the 2026 limit, whatever the invoice date.

Keeping track of deferred amounts

Two of these cost families create claims on the future: maintenance above 5 percent and interest above the ROL limit. A yearly schedule listing these excesses, with their year of origin and the portions already recovered, stops them from being forgotten when the adviser or the accounting software changes.

  • Maintenance excess: amount, year of origin, fifths already deducted
  • Undeducted interest expense: remaining amount to carry forward
  • Unused ROL: amount and year, because it expires after five years
  • Surplus interest income: amount that can be carried to later years

Mistakes to avoid

  • Deducting all entertainment spending: above 1.5% of revenue up to 10 million, the excess is not deductible.
  • Estimating the allowance from last year's revenue: it is based on revenue reported for the same year in which the expense is incurred.
  • Counting gifts worth 50 euros or less against the allowance: they are deductible in any case.
  • Deducting the owner's meals and hotels in full: only 75% is deductible.
  • Paying for a taxi or hotel in Italy in cash: the expense is not deductible.
  • Treating maintenance above 5% as lost: it is deducted in five instalments in later years.
  • Treating interest above 30% of ROL as a permanent loss: it is carried forward to later years.

Read in Italian

Educational content, current with the sources cited. It does not replace advice tailored to your situation. These courses are neither certifying nor CPF-eligible: they prepare for no certification registered with the French RNCP or specific register.