Meals – Business Entertainment

The deductibility of meal and entertainment expenses is a significant consideration for businesses seeking to manage their tax liabilities effectively. The Internal Revenue Service (IRS) provides specific guidelines on what constitutes deductible meal and entertainment expenses and the extent to which these expenses can be deducted.

Historical Context and Recent Changes
Historically, businesses could deduct a substantial portion of their meal and entertainment expenses. However, the Tax Cuts and Jobs Act (TCJA) of 2017 brought significant changes to these deductions. Under the TCJA, the deductibility of entertainment expenses was largely eliminated, while certain meal expenses remained deductible under specific conditions.  I should note here that some states, such as California (Franchise Tax Board – or FTB), did not conform with all of the provisions of the TCJA.  This is one such area.

The most notable changes include:

1. Elimination of Entertainment Expense Deductions:
   Expenses related to entertainment, amusement, or recreation are generally no longer deductible on Federal returns. This includes activities such as sporting events, theater tickets, and golf outings.
2. Modification of Meal Expense Deductions:
   Meal expenses directly related to business activities remain partially deductible. However, specific rules and limitations apply.

Deductibility Criteria for Meal Expenses
Meal expenses must meet several criteria to be deductible. According to the IRS, deductible meal expenses must be ordinary and necessary, and directly related to or associated with the active conduct of the taxpayer’s trade or business. Key criteria include:

1. Business Purpose:
   The meal must be directly related to the conduct of business. This includes meals during which business is discussed or meals provided to employees for the benefit of the employer (e.g., meals during business meetings or while traveling for work).
2. Substantiation:
   The taxpayer must maintain adequate records to substantiate the expense, including the amount, date, location, business purpose, and the business relationship of the persons involved. Receipts, invoices, and detailed records are essential for substantiation.  I advise clients that the end of the business meal, they write on the back of the meal ticket or invoice the names of the individuals present and the purpose of the meeting.
3. 50% Limitation:
   Generally, only 50% of the cost of business meals is deductible. This limitation applies to meals with clients, customers, or employees, as well as meals during business travel.
4. Exceptions to the 50% Limitation:
   Certain meal expenses are fully deductible, including:
   
   • Meals provided to employees as part of a social or recreational activity (e.g., holiday parties).
   • Meals provided to employees for the convenience of the employer (e.g., meals during overtime work).
   • Meals provided at a business meeting of employees, stockholders, agents, or directors.
   • Meals provided on the employer’s premises for the employer’s convenience (e.g., a patient care facility who requires its staff to remain on property for emergencies during meal periods and provides them with meals for consumption).

Deductibility Criteria for Entertainment Expenses
Under the TCJA, most entertainment expenses are no longer deductible. However, some exceptions allow for partial deductibility under specific conditions:

1. Entertainment Expenses Included in Employee Compensation
   If the entertainment expenses are treated as taxable compensation to the employee and reported on their W-2 form, they are deductible.
2. Expenses Directly Related to the Business
   Expenses for entertainment that are directly related to the active conduct of the business may be deductible if they meet strict criteria, including clear business intent and substantial business discussions occurring before, during, or after the event.

Documentation Requirements
To claim deductions for meal and entertainment expenses, the IRS requires thorough documentation. Essential records include:

1. Receipts and Invoices
   Detailed receipts and invoices showing the date, location, amount, and specific items or services purchased.
2. Business Purpose
   Written records or notes explaining the business purpose of the expense and the business relationship of the individuals involved.
3. Attendance Records
   Documentation of who attended the meal or entertainment event and their relationship to the business.

Maintaining accurate and complete records is critical for substantiating deductions in the event of an IRS audit.  When I was a Revenue Agent auditing returns, this category of expense was scrutinized closely.  Most taxpayers had their expense reduced or totally eliminated.  Typically, it was a lack of records and not because the entertainment was not ppropriate for the business.

Common Pitfalls and Compliance Tips
Businesses often encounter challenges when claiming deductions for meal and entertainment expenses. Common pitfalls and tips for compliance include:

1. Failure to Document
   Inadequate documentation is a frequent issue. Businesses should establish and enforce policies for recording and retaining detailed records of all meal and entertainment expenses.
2. Misunderstanding Deductibility Rules
   Misclassifying non-deductible entertainment expenses as deductible can lead to disallowed deductions. Regular training and updates on current tax laws can help prevent such errors.
3. Overlooking Exceptions
   Businesses may overlook fully deductible meal expenses, such as those provided for employee social activities. Understanding and applying exceptions can maximize allowable deductions.
4. Personal vs. Business Expenses
   Clearly distinguishing between personal and business expenses is essential. Personal expenses are not deductible, even if incurred during business activities.

Conclusion
The IRS rules on the deductibility of meal and entertainment expenses are complex and have evolved significantly with recent tax reforms. Businesses must navigate these rules carefully to ensure compliance and maximize allowable deductions. By understanding the criteria for deductibility, maintaining thorough documentation, and staying informed about changes in tax laws, businesses can effectively manage their meal and entertainment expenses and avoid common pitfalls. Proper compliance not only safeguards against IRS penalties but also contributes to more accurate financial planning and reporting.