What's new in fringe benefits in the new economic context
by Emilio Veneziano While awaiting the next steps of the new Italian Government regarding high energy and billscorporate welfare In particular, the legislative decree n. 21/2022, converted with amendments into law no. 51/2022, granted private employers the possibility of providing their employees with petrol vouchers or similar certificates WHAT ARE FRINGE BENEFITS AND WHO CAN BENEFIT FROM THEM Definable as "compensation in kind", they are benefits that are provided - with the necessary differentiations based on the company, the role of the worker and the market context - by the company to one of its employees. This is a disbursement not in money The legal source of the so-called fringe benefit is found in art. 2099 of the Civil Code which states that the collaborator can also be paid with "benefits in kind", i.e. not only in money. These benefits are provided ad hoc Usually the provision of benefits of this type is subject to various variables such as the size of the company, the role of the individual employee (top management) but also socio-economic context data. It is therefore no coincidence that the fuel voucher is returning right now, in this particular historical period, as a great point of attention for companies and employees. EMPLOYERS AND WORKERS CONCERNED As regards employers, the relief concerns employers who operate in the private sectorpublic administrations With regard to the specific category of employees receiving fuel vouchers, these are exclusively those who produce income from employment To summarize: HOW DO PETROL VOUCHERS FOR EMPLOYEES WORK? As regards the object of the subsidy, these are the payments made by private employers to their employees for supplies of fuel for transport such as petrol, diesel, LPG and methaneelectric vehicles WAITSTAX: HOW MUCH DOES THE FUEL BONUS COST THE EMPLOYER? From a fiscal point of view, the fuel bonus of €200 represents a further benefit compared to the general one already provided for by paragraph 3, art. 51 of the TUIR for goods sold and services provided to employees (exemption limit of €258.23 for each tax period). It follows that, in order to benefit from the tax exemption, the goods and services provided in the 2022 tax period by the employer to each employee can reach: For taxation From an accounting point of view Similarly to what is provided for payments subject to the limit of €258.23, those paid for fuel supplies The fuel vouchers which, for the 2022 tax period, benefit from the exemption from the formation of income up to €200, can be paid by the employer also ad personam The expanded cash principle ALTERNATIVE TO THE TAX-FREE PREMIUM The possibility of providing vouchers as a replacement for tax-deductible performance bonuses at the worker's choice is permitted. Given the temporary nature of the facilitation regulations (the €200 exemption is, in fact, limited to the year 2022), these "replacement" vouchers for performance bonuses PENSION ASPECTS Sebwell the law does not express itself on this point, it is believed that the value of the voucher, due to the harmonization of the tax bases, does not contribute to forming the income even for contribution purposes within the limit of €200. DEDUCTIBILITY FROM BUSINESS INCOME The cost associated with the purchase of fuel vouchers is fully deductible from business income, pursuant to art. 95 of the TUIR, provided that the provision of such vouchers is, in any case, attributable to the employment relationship and, for this reason, the related cost can be classified as inherent. FRINGE BENEFITS AND CORPORATE SUSTAINABILITY The measurement of fringe benefits and, in particular, fuel vouchers, fully falls within the definition of corporate sustainability: the improvement of corporate welfare and worker well-being Therefore, fuel vouchers will have a positive impact not only on the economic conditions of workers but also, indirectly, on the conditions of the company itself. The extraordinary measures adopted to deal with the "COVID 19" health emergency, while not interfering with private legal relationships, could affect (or have already affected) the ability to express… Partner 24 ORE is a network of Chartered Accountants, Lawyers, Labor Consultants, and specialized companies that share their expertise to make it available to businesses with specific needs. We shape your vision. Clear strategies for complex horizons. Malerba & Partners is a registered trademark. VAT ID: 06352560962 Subjects THEY HAVE THE RIGHT THEY HAVE NO RIGHT Employers Private sector Economic public bodies Do not carry out commercial activities Self-employed workers Administrations public Workers Employees Any other type (trainees, collaborators) altri articoliLegalCOVID-19 EMERGENCY: the civil remedies offered to counteract the damage suffered by the contracting party
office@mct.tax
