The four substantive conditions
| Condition | What it means |
|---|---|
| Necessary | The most important one. “Convenient” is not enough |
| Pertinent | A causal relationship with the activity |
| Useful | It generates or maintains the source of income |
| Proportional | Reasonable, balanced against the income |
Necessary is the one most arguments are lost on. It does not mean useful and it does not mean convenient: it means that without that expense the taxable income is not generated. A gratuity, something done because you felt like it, does not pass that test however good the invoice is.
The formal requirements, where expenses fall silently
- The document must be in the taxpayer's name and dated within the period.
- For services from abroad, a purchase invoice you issue yourself.
- Any applicable withholdings must have been made. No withholding, no deduction.
- And the expense must be incurred in the period and recorded in the accounts.
The numeric limits worth remembering
| Expense | Condition or limit |
|---|---|
| Wages and salaries | Only those subject to social security, with the salary tax withholding made |
| Christmas bonus | Up to one twelfth of annual salaries |
| Donations | To authorised entities, and up to 10 % of gross income |
| Payments to a parent company | With withholding, and up to 10 % of gross sales |
| Severance and benefits | Up to three times the Labour Code minimum |
| Independent professional's fees | Real expenses, or a single 25 % deduction of gross income with no proof |
| Organisation costs | All in the period, or amortised over five |
| Bad debts | From the ordinary course, with judicial collection efforts, or after 24 months with no payment |
| Low-value assets | If unit cost does not exceed 25 % of a reference wage, it all goes to expense in the period |
Per diems no longer have the 1 % cap
That cap was declared unconstitutional by the Constitutional Chamber (ruling no. 2003-02349). Today there is no fixed percentage: representation expenses and per diems are deducted subject to reasonableness and necessity.
It is a fact that still circulates wrongly in older accounting material. No cap does not mean open bar: you still have to justify that the expense was necessary and proportional.
Provisions are not deductible until they are paid
In your books you provision every month — and rightly so, because the expense accrues. For tax, that expense enters when the money leaves. The law requires recording expenses incurred but unpaid in a special account and attributing them at the moment of payment.
That difference is exactly what generates deferred tax in the accounting standards. It is not an error: it is the reconciliation between two ways of measuring the same thing.
Interest has its own limit
Non-bank interest is limited: deductible net interest is capped as a proportion of the result before interest, tax, depreciation and amortisation. It is the rule that most often surprises a company financed by its own shareholders.
If you rent out property
None of this applies under the default rental regime. There, a flat 15 % deduction replaces every real expense — the platform commission included. Real expenses only come into play if you moved to the profits regime, which has its own conditions. The two regimes compared.
The expense that does not qualify, separated from the entry
Better to keep it apart from the moment it is recorded than to go looking for it in March. It can have its own account and show separately in the income statement.
See how it worksAbout this article. The four conditions and the limits come from article 8 of the Income Tax Act and its regulation; the removal of the per-diem cap, from Constitutional Chamber ruling 2003-02349; the treatment of provisions, from the same article 8. The single 25 % deduction for independent professionals is its paragraph s).
Verified as of 24 September 2026. Tax rules change. This is information, not tax advice — whether a specific expense is necessary is exactly the kind of question to take to your accountant.
Sources: Current legal texts (Sinalevi) Ministry of Finance