What are representation costs (partially deductible business expenses)?
Representation costs that serve the company can be deducted as business expenses. These include in particular:
1. Marketing and Advertising
- Advertisements in newspapers, magazines, or online platforms.
- Posters and advertising banners in public spaces.
- Production of commercials (TV, radio, online).
- Sponsorship of events with a direct advertising purpose.
2. Trade Fairs and Events
- Stand rental, decoration, and equipment at trade fairs.
- Participation fees for industry events and conferences.
- Catering and hospitality for trade fair visitors.
3. Public Appearances
- Costs for press conferences and company presentations.
- Fees for speakers or moderators at company events.
4. Customer and Business Partner Care
- Gifts up to 50 Euro net per person per year.
- Invitations to business occasions (e.g. anniversaries, product launches).
5. Other Representation Costs
- Creation and distribution of promotional gifts (e.g. pens, notepads with company logo).
- Costs for image films or company brochures.
Important Restrictions
Costs that relate to both business and private life are not tax-deductible according to § 4 Abs. 5 Nr. 7 EStG. These include expenses for:
- Housing and food,
- Clothing,
- general schooling or childcare,
- personal needs (e.g. health, care, hygiene),
- newspapers and broadcasting fees,
- cultural or sporting events.
This regulation is intended to exclude private expenses from being claimed for tax purposes in the business sector.
Practical Tip
To ensure the deductibility of representation costs, a clear business connection should always be documented. In addition, the appropriateness of the expenses should be observed to avoid conflicts with the tax office. A luxury car or excessively lavish office furnishings could, for example, be considered inappropriate.
What are representation costs (partially deductible business expenses)?
Can I deduct fines, penalties, and warning fees?
Under current law, fines, penalties, and warning fees imposed by a court or authority in Germany or by bodies of the European Union may not reduce profits (§ 4 para. 5 sentence 1 no. 8 EStG).
On this basis, fines imposed by the European Commission to penalise cartel offences are also excluded from the deduction of business expenses. However, it is also possible for EU member states to impose such fines for cartel violations. In this case, the deduction of business expenses is not excluded.
Since 1 January 2019, fines, penalties, and warning fees imposed by an EU member state are also no longer deductible as business expenses (§ 4 para. 5 sentence 1 no. 8 EStG; § 52 para. 6 sentence 10 EStG).
It is also stipulated that other expenses related to the fine, penalty, or warning fee, like the fines themselves, may not reduce profits. For example, interest on financing the fine is also subject to the deduction ban as it is incurred due to non-deductible expenses.
NOTE: According to § 4 para. 5 sentence 1 no. 8 EStG, a fine imposed - including a cartel fine imposed by the Federal Cartel Office - may not reduce profits. However, this deduction ban does not apply if the economic advantage gained through the legal violation has been skimmed off, provided that income and profit taxes on the economic advantage have not been deducted. Therefore, the deduction ban does not apply, or only partially applies, in the case of so-called gross skimming to avoid double taxation (BFH ruling of 22 May 2019, XI R 40/17).
Fines imposed in criminal proceedings are not deductible. However, fines imposed by a foreign court may be deductible as business expenses if they contradict essential principles of the German legal system.
Can I deduct fines, penalties, and warning fees?