Order No. 8739 of 2024: Deductibility of Costs and Relevance to Business Activity

The order no. 8739 of April 3, 2024, from the Court of Cassation offers an important reflection on the deductibility of costs in the context of determining business income. The ruling focuses on the relevance of expenses and their necessity to be connected to the business activity to be considered deductible for tax purposes. This principle is of fundamental importance for anyone managing a business and wishing to optimize their tax position.

The Concept of Relevance in Cost Deductibility

The Court clarified that the relevance of expenses should not be evaluated solely based on the presence of an activity provided for in the corporate charter. In fact, it is sufficient that the expenses are aimed, at least potentially, at generating profits. This more flexible approach allows for the consideration of costs as deductible even if they do not have a direct relationship with the business activity but can still prove useful for the overall business project.

Business income - Deductible costs - Relevance to business activity - Content - Case law. In the context of determining business income, the relevance of individual expenses and costs incurred, essential for obtaining the deduction under Article 109 of the TUIR, can be verified not only if the activity performed falls within those provided for in the corporate charter, a circumstance that has merely indicative value, but also when it is aimed, at least potentially, at producing profits, allowing for the consideration of expenses that, although presenting a weak relationship between cost and business activity, concretely prove instrumental to the business project. (In this case, the Supreme Court annulled the contested ruling that had recognized the deductibility of costs for construction interventions carried out on a building intended for family residence based solely on the mere ownership of the asset, registered to the taxpayer's construction company).

Practical Implications of the Ruling

This ruling has significant implications for taxpayers, especially for companies operating in sectors where costs may seem not directly related to the main activity. Here are some practical considerations:

  • It is essential to document and justify the expenses incurred, highlighting their potential contribution to generating profits.
  • Companies should consider the possibility of deducting costs that, while not strictly necessary for the main activity, may be strategic for the success of the business.
  • The ruling encourages a reevaluation of accounting and tax practices, as a broader understanding of relevance could lead to significant advantages in terms of tax deductions.

Conclusions

In conclusion, order no. 8739 of 2024 represents an important evolution in the jurisprudence regarding the deductibility of expenses in business income. Companies need to pay attention to how they classify and document their expenses, as this could significantly influence their tax position. A broader interpretation of relevance could open new opportunities for optimizing the tax burden and ensuring more efficient management of business resources.

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