You have received fines of the highway code following’offences? Can they be taken into account load by your company? What difference does it make if the offence was committed by a employee? Is it possible to payment via your company?
Deductibility of fines and penalties
In principle, whatever the nature of the charge (fine, penalty, interest for late payment, etc.), it is not included in the taxable income. not deductible of your company's taxable income. Fines for infringements to the Highway Code, They are criminal and are not deductible from the result even if the offence is committed by an company vehicleé.
Offences committed by company employees
Where an employee has committed an offence with a vehicle of which the company is owner, the fine is sent directly to the company address. You can either take over payment of the fine or have it paid by the employee concerned. On the other hand, you are strictly forbidden to garnish wages of the fine.
If you decide to pay the fine yourself, you should be aware that this is not without consequences, as it may be treated as a "fine". benefit in kind and will therefore be subject to social security contributions.
Attention, you have the’obligation to report the driver of the vehicle as soon as you receive the fine, within 45 days of the fine being issued and before payment. In this case, you risk a 4 criminal fineth class penalty of €750 maximum. This fine will also be in your name and cannot be paid by your company.
You may be exempted from this reporting obligation only if you can establish the existence of theft, misregistration or any other force majeure event.
It is therefore essential for you to know how to identify drivers for each vehicle or to have a monitoring schedule if a vehicle can be driven by several employees.
Road traffic fines for managers
If you yourself have committed a traffic offence using a company vehicle, the principle is the same as for employees. You must report the offender (in other words, yourself). If you fail to do so, you may also be liable to a fine of up to €4.th class fine of up to €750. Your company can then pay the fine, but this charge will not be deductible from your taxable income.
In any case, you must remain vigilant when it comes to managing fines in your company to avoid other legal or social risks.
