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This type of expense requires you to jump
through several extra hoops to qualify as deductible and is
subject to limitations. Nevertheless, if you pay careful attention
to rules outlined below, the expenses should qualify as deductible.
(1)
Ordinary and necessary business
expenses. All business expenses
must meet the general deductibility requirement of being ordinary
and necessary in carrying on the business. These terms
have been fairly broadly defined to mean customary or usual,
and appropriate or helpful. Thus, if it is reasonable in your
business to entertain clients or other business people, you
should be able to pass this general test.
(2)
Directly related or associated
with. A second level of tests specially applicable
to meals and entertainment expenses must also be satisfied.
Under them, the business meal or entertainment must be either
directly related to or associated with
the business.
Directly
related means involving an active discussion
aimed at getting immediate revenue. Thus, a specific,
concrete business benefit is expected to be derived, not just
general goodwill from making a client or associate view you
favorably. And the principal purpose for the event must be
business. Also, you must have engaged actively during the
event, via a meeting, discussion, etc.
The
directly related test can also be met if the meal or entertainment
takes place in a clear business setting directly furthering
your business, i.e., where there is no meaningful personal
or social relationship between you and the others involved.
Meetings or discussions that take place at sporting events,
night clubs, or cocktail parties-essentially social events-would
not meet this test.
If
the directly related test cannot be met, the expense
may qualify as associated with the active conduct
of business if the meal or entertainment event precedes or
follows (i.e., takes place on the same day as) a substantial
and bona fide business discussion.
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This
test is easier to satisfy. Goodwill type of entertainment
at shows, sporting events, night clubs, etc. can qualify.
The event will be considered associated with the active conduct
of the business if its purpose is to get new business or encourage
the continuation of a business relationship. For meals, you
(or an employee of yours) must be present. That is, for example,
if you simply cover the cost of a clients meal after
a business meeting, but dont join him at it, the expense
does not qualify.
(3)
Substantiation. Almost as important
as qualifying for the deduction are the requirements for proving
that it qualifies. The use of reasonable estimates is not
sufficient to stand up to IRS challenge. You must be able
to establish the amount spent, the time and place, the business
purpose, and the business relationship of the individuals
involved. Obviously, you must set up careful and detailed
record-keeping procedures to keep track of each business meal
and entertainment event and to justify its business connection.
For expenses of $75 or more, documentary proof (receipt, etc.)
is required.
(4)
Deduction limitations. Several
additional limitations apply. First expenses that are lavish
or extravagant are not deductible. This is generally
a reasonableness test and does not impose any
fixed limits on the cost of meals or entertainment events.
Expenses incurred at first class restaurants or clubs can
qualify as deductible.
More
importantly, however, once the expenditure qualifies, it is
only 50% deductible. Obviously, this rule severely reduces
the tax benefit of business meals and entertainment. If you
spend about $50 a week on qualifying business meals, or $2,500
for the year, your deduction will only be $1,250, for tax
savings of around $300 to $400.
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