The reduction which the employer grants to his employees on the normal price of certain products or services is exempt from social security contributions under the following cumulative conditions:
a) it must concern discounts on products that the employer manufactures or sells or reductions on services that the employer provides;
b) the quantity of products sold or services provided to each employee must not exceed the normal consumption of the employee's household. The employer must be able to prove that he has brought this condition to the attention of his workers;
c) the discount must not exceed 30% of the normal price. The normal price is the price that the employee would have had to pay as a consumer if he were not employed by the employer who manufactures or sells the product or provides the service. If the employer does not offer products or services directly to individual consumers, the normal price is that which a consumer with a profile comparable to that of the employee would have to pay in the retail trade. The question of the normal price to be taken as a reference may be debated;
d) the price paid by the employee after deduction of the discount is not to be lower than the cost price of the product or service.
Where the discount exceeds 30% of the normal price, regular social security contributions are payable on the amount of the discount that exceeds 30% of the normal price.
Where the discount is less than 30% of the normal price but the price paid by the employee is less than the cost price, social security contributions are payable on the difference between the price paid by the employee and the cost price.
Worker Taxations Description
According to the tax authorities, tax-exempt social benefits include:
a) the use of the employer's services at cost price;
b) the purchase at a reduced price (this price may not be lower than the cost price for the employer) of objects produced or marketed by the company, provided that these purchases are made by the employees for their strictly personal needs and that these purchases relate to everyday consumer goods or durable goods of a relatively modest price (e.g., radio, TV, ordinary car, etc.) and, in the case of a company, to the purchase of goods or services for the employees' personal use. In the case of durable goods, this is on condition that they are not supplied too frequently in view of the normal period of use of the goods.
Note that the reduced price must be at least equal to the cost price of the good or service for the employer. If the reduced price is lower than the cost price for the employer, the difference between the price paid by the employee and the cost price will constitute a taxable benefit in kind. If the price of the goods paid by the employee is equal to or higher than the cost price for the employer, the benefit resulting from the supply of the goods is necessarily exempt from tax as a social benefit.
Employer Deductibility Description
If discounts on company products are regarded as tax-exempt social benefits, they are not deductible as professional expenses, insofar as the benefit does not give rise to costs but merely to the loss of a chance of gain for the employer.
If the employer incurs certain expenses in order to grant the benefit in question (e.g., because the price paid by the employee is lower than the cost price), the difference is nevertheless deductible insofar as it is considered to be a taxable benefit (provided that it is included in the annual tax statements (failure to do so will result in the application of the special tax on secret commissions of 100%, which is not deductible as a professional expense for corporation tax purposes)).