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RS 642.118.1 DFF Order of February 10, 1993, on the deduction of the professional expenses of persons engaged in a lucrative business dependent on direct federal tax (Professional Fees Order)

Original Language Title: RS 642.118.1 Ordonnance du DFF du 10 février 1993 sur la déduction des frais professionnels des personnes exerçant une activité lucrative dépendante en matière d’impôt fédéral direct (Ordonnance sur les frais professionnels)

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642.118.1

DFF Guidelines for the Deduction of Business Costs of Persons with a Profit-Dependent Business in Respect of Direct Federal Tax

(Professional Fees Order) 1

10 February 1993 (State 1 Er January 2016)

Federal Department of Finance,

See art. 26 of the Federal Direct Tax (LIFD) Act of December 14, 1990 2 ; see art. 1, let. A, of the Order of December 18, 1991, on Delegation of Duties to the Department of Finance on Direct Federal Tax 3 ,

Stops:

Art. 1 Principle

1 In respect of the professional expenses of persons engaged in a gainful occupation, the taxpayer may deduct the expenses necessary for the acquisition of income and have a direct causal relationship with the taxpayer.

2 Expenses incurred by the employer or a third party, the private expenses resulting from the taxpayer's employment situation (private representation expenses) and the cost of maintenance of the taxpayer and his or her family (s. 34, let. A, LIFD) are not deductible.

Art. 2 Epoux

Deductions for professional expenses are granted to any spouse engaged in a gainful occupation. If one of the second spouses in his or her profession, business or business, deductions are eligible if there is a work report that is counted with the social insurance.

Art. 3 1 Fixing of lump-sum deductions and the deduction for private vehicle use

The Federal Department of Finance sets the standard deductions (art. 6, para. 1 and 2, 7, para. 1, 9, para. 2, and 10) and the deduction for the use of a private vehicle (s. 5, para. 2, let. (b) and publish them in the appendix to this order.


1 New content according to the c. I of the DFF O of 6 March 2015, in force since 1 Er Jan 2016 ( RO 2015 861 ).

Art. 4 1 Justification for fees in excess of lump sum deductions

If, instead of the lump sum deduction referred to in s. 7, para. 1, and 10, the taxpayer claims higher costs, it must justify the totality of the actual expenses and their professional need.


1 New content according to the c. I of the DFF O of 6 March 2015, in force since 1 Er Jan 2016 ( RO 2015 861 ).

Art. 5 1 Travel Expenses

1 The necessary travel costs between the place of residence and the place of work may be deducted up to a maximum of 3000 francs (Art. 26, para. 1, let. A, LIFD).

2 Are deductible:

A.
The necessary expenditure relating to the use of public transport; or
B.
The cost per kilometre travelled by a private vehicle, provided that there is no public transport or that the taxpayer is not required to use them.

1 New content according to the c. I of the DFF O of 6 March 2015, in force since 1 Er Jan 2016 ( RO 2015 861 ).

Art. 6 Expenditure surplus for meals

1 In the case of excess meal expenses, only the lump sum deduction referred to in s. 3 is allowed:

A.
Where the taxpayer cannot take a main meal at home because the home and place of work are very far apart or because the meal break is too short; or
B.
In case of shift work or night shift work. 1

2 Only the half-deduction is allowed where the employer contributes to the lowering of the price of meals by means other than cash (remission of vouchers) or when meals can be taken in a canteen, in a staff restaurant or in a restaurant. Employer restaurant. 2

3 No deduction is allowed, due to a lack of excess expenses, where the employer's estimate of benefits in kind is less than the rates set by the tax administration or where the taxpayer can recover at a price Below these rates.

4 Work on an irregular basis is equated with shift work if the two main meals cannot be taken at home in the usual hours.

5 On request, the employer must certify the number of working days per team or night and the place of work. 3

6 Lump-sum deductions referred to in paras. 1 or 2 cannot be claimed at the same time as those set out in s. 9, para. 2.


1 New content according to the c. I of the O of the DFF of 3 Nov 2006, in force since 1 Er Jan 2007 ( RO 2006 4887 ).
2 New content according to the c. I of the O of the DFF of 3 Nov 2006, in force since 1 Er Jan 2007 ( RO 2006 4887 ).
3 New content according to the c. I of the O of the DFF of 3 Nov 2006, in force since 1 Er Jan 2007 ( RO 2006 4887 ).

Art. 7 Other professional fees

1 Other professional fees that may be subject to a lump-sum deduction within the meaning of s. 3, the expenditure necessary for the exercise of the profession, namely professional tools (including computer equipment and software), professional works, the use of a private working room, professional clothing, The exceptional wear and tear of shoes and clothing and the execution of hard work. The rationale for higher fees (s. 4) is reserved. 1

2 The lump-sum deduction must be reduced in an appropriate manner if the dependent gainful activity is carried out only for part of the year or part-time.


1 New content according to the c. I of the DFF O of 16 Apr. 2014, in force since 1 Er Jan 2016 ( RO 2014 1109 ).

Art. 8 1

1 Repealed by c. I of the DFF O of 16 Apr. 2014, with effect from 1 Er Jan 2016 (RO) 2014 1109).

Art. Stay away from home

1 A taxpayer who, during working days, stays where he works and who is therefore required to spend the night there, but who, on public holidays, regularly returns to his tax home, may deduct excess expenses resulting from his/her stay Outside the home.

2 Lump-sum deductions (s. 3) are set for excess expenses resulting from meals taken out of the home. The taxpayer cannot justify a higher fee.

3 In respect of additional and necessary accommodation costs, the taxpayer may deduct the amount of a room rent in accordance with the usual rent at the place of stay.

4 In the case of the necessary travel expenses, the taxpayer may deduct expenses resulting from the regular return to the tax home as well as the expenses incurred at the place of residence by the movement between the accommodation and the place of work. They may be deducted up to the maximum amount set out in s. 5, para. 1. 1


1 New content according to the c. I of the DFF O of 6 March 2015, in force since 1 Er Jan 2016 ( RO 2015 861 ).

Art. 10 1 Accessorial Activity

A lump-sum deduction in accordance with s. 3 is authorized for the business expenses of the taxpayer who is engaged in a gainful occupation. The justification for higher fees is reserved (art. 4).


1 New content according to the c. I of the O of the DFF of 3 Nov 2006, in force since 1 Er Jan 2007 ( RO 2006 4887 ).

Art. 11 Final provisions

1 Federal Department of Finance Ordinance of 7 May 1992 on the deduction of professional federal tax expenditures 1 Is repealed.

2 This order shall enter into force on 1 Er January 1995.


1 [RO 1992 1166]

Transitional Provision for Amendment of November 3, 2006 4

In exceptional cases where the former "salary certificate" is used for the 2007 fiscal year, the current fee is applicable until December 31, 2007.


Appendix 1

(art. 3)

1. Lump-sum deductions from the 2016 fiscal year

En.

Expenditure surplus for meals

A.
For meals taken away from home and during team or night work (art. 6, para. 1 and 2)
-
Total deduction

For main meal, per day

15.-

Per year

3200.-

-
Half deduction

For main meal, per day

7.50

Per year

1600.-

B.
During the stay outside the home (art. 9, para. 2)
-
Total deduction

Per day per year

30. - 6400. -

-
Partial deduction 2

Per day per year

22.50 4800. -

Other professional fees (art. 7, para. 1)

3 % of net salary, at least, per year

2000.-

Maximum, per year

4000.-

Accessorial Activity (art. 10)

20 % of net revenue, at least, per year

800.-

Maximum, per year

2400.-

2. Deduction for the use of a private vehicle starting in fiscal year 2016:

The maximum amount of the deduction is 3000 francs per year.

Fr.

Travel expenses with private vehicle (art. 5, para. 2, let. (b)

-
Bicycles, mopeds and motorcycles with registration plates on a yellow background,

Per year

700.-

-
Motorcycles with registration plate on a white background

Per kilometre travelled

-.40

-
Autos

Per kilometre travelled

-.70


1 Introduced by ch. I of O of June 29, 1994 (RO 1994 1673). New content according to the c. I of the DFF O of 6 March 2015, in force since 1 Er Jan 2016 (RO) 2015 861).
2 The partial deduction must be applied when, according to s. 6, para. 2, only half a deduction is allowed for one of the two main daily meals.


State 1 Er January 2016