A dinner to land a new client,
a multi-day trip to attend a conference or athletics tournament
in order to close a deal… These are work-related obligations
that, of course, are billable to the company and about which,
nobody doubts the invoicing. These are known as representation
expenses. It would be better if the employee that carries
out such expenses with the aim of representing his company
or gaining clients, keeps all the invoices so that misunderstandings
can be avoided.
A previous question that needs
to be clarified is the difference between "representation
expenses" and "travel expenses". In fact,
many people get confused with these two terms. But, there
is a clear difference between them, ranging from the purpose
of the expense to who the expense was for.
• Travel expenses: as the name
suggests, these are the expenses incurred from a company-sanctioned
work trip. They include travel and lodging expenses, as
well as transportation expenses.
• Representation expenses: these
expenses are charges incurred in representing the company
before customers or suppliers. They are referred to as public
relations, generally performed by employees, administrators,
directors and other executives of the company, with the
purpose of receiving a future business benefit. The main
objective is to improve the company’s image and that
of its employees.
However, it is true that, in
both cases, meals, accommodation and transportation expenses
can be included and this is the reason for so much confusion.
It seems clear that meals are
included, as well as the transportation and accommodation
expenses provided that they are incurred in improving the
company’s image and its customer service.
Representation expenses will
always adhere to the conditions of nature and purpose that
must be shown in case of tax inspection.
Representation expenses are deductible
when they meet certain conditions of nature and purpose
which the company must prove in case of tax inspection.
According to article 14 of the Corporate Tax, deductible
expenses would be the following:
• Public relations expenses
with clients or suppliers.
• Expenses that, in accordance with their uses and
customs, relate to the company's employees.
• Expenses incurred in promoting, directly or indirectly,
the sale of assets or the provision of services.
• Expenses related to revenues.
More specifically, and taking
into account this classification, the most common representation
expenses are:
• Hotel stays for clients.
• Meal invitations to clients.
• Attendance at artistic, athletic and cultural events.
• Presentation of gifts to clients and supplies, participation
in lotteries, etc.
Certain expenses are usually
considered as representation expenses although they are
not. Some companies often include, as representation expenses,
certain charges which actually are "liberalities".
Expenses that are not necessary
in obtaining revenues, nor whose purpose is the obtaining
of future "business profits", such as restaurant
expenses with people that are not related to the company,
concert tickets for friends, parking or transportation expenses,
excessively expensive gifts...
According to these companies,
"the concept of 'required expense', included in the
corporate tax to determine the deductibility of the expense,
is an indeterminate and ambiguous legal concept that allows
each company to interpret its meaning in the most convenient
way".
The good news is that a sentence
was passed in Catalonia in September 2008 that says that
it is not necessary to provide a full and individualized
expense report. The High Court of Catalonia has opened a
favorable route that will give companies a wide margin within
which to prove their expenses before the courts. In this
regard, the Courts of Catalonia have given a wider, more
lenient definition to representation expenses. The expenses
spent by directors on trips, tolls, dinners or invitations
may be tax deductible in a large manner from the Corporate
Tax because it is not essential to submit a complete or
individualized invoice.