Publication 17
taxmap/pub17/p17-142.htm#en_us_publink1000173762You may be able to deduct business-related entertainment expenses
you have for entertaining a client, customer, or employee.
You can deduct entertainment expenses only if they are both ordinary
and necessary (defined earlier in the
Introduction) and meet one of the following tests.
- Directly-related test.
- Associated test.
Both of these tests are explained in chapter 2 of Publication
463.
 | The amount you can deduct for entertainment expenses may
be limited. Generally, you can deduct only 50% of your unreimbursed
entertainment expenses. This limit is discussed next.
|
taxmap/pub17/p17-142.htm#en_us_publink1000173764In general, you can deduct only 50% of your business-related
meal and entertainment expenses. (If you are subject to the Department of
Transportation's "hours of service" limits, you can deduct 80% of your
business-related meal and entertainment expenses. See
Individuals subject to "hours of service" limits, later.)
The 50% limit applies to employees or their employers, and to
self-employed persons (including independent contractors) or their clients,
depending on whether the expenses are reimbursed.
Figure 26-A summarizes the general rules explained in this section.
The 50% limit applies to business meals or entertainment expenses
you have while:
- Traveling away from home (whether eating alone or with others)
on business,
- Entertaining customers at your place of business, a restaurant,
or other location, or
- Attending a business convention or reception, business meeting,
or business luncheon at a club.
Expenses subject to the 50% limit include:
- Taxes and tips relating to a business meal or entertainment
activity,
- Cover charges for admission to a nightclub,
- Rent paid for a room in which you hold a dinner or cocktail
party, and
- Amounts paid for parking at a sports arena.
However, the cost of transportation to and from a business meal
or a business-related entertainment activity is not subject to the 50% limit.
The 50% limit on meal and entertainment expenses applies if the
expense is otherwise deductible and is not covered by one of the exceptions
discussed later in this section.
The 50% limit also applies to certain meal and entertainment
expenses that are not business related. It applies to meal and entertainment
expenses incurred for the production of income, including rental or royalty
income. It also applies to the cost of meals included in deductible educational
expenses.
taxmap/pub17/p17-142.htm#en_us_publink1000173768You apply the 50% limit after determining the amount that would
otherwise qualify for a deduction. You first have to determine the amount of
meal and entertainment expenses that would be deductible under the other rules
discussed in this chapter.
taxmap/pub17/p17-142.htm#en_us_publink1000173769You spend $200 for a business-related meal. If $110 of that amount
is not allowable because it is lavish and extravagant, the remaining $90 is
subject to the 50% limit. Your deduction cannot be more than $45 (.50 ×
$90).
taxmap/pub17/p17-142.htm#en_us_publink1000173770You purchase two tickets to a concert and give them to a client.
You purchased the tickets through a ticket agent. You paid $200 for the two
tickets, which had a face value of $80 each ($160 total). Your deduction cannot
be more than $80 (.50 × $160).
taxmap/pub17/p17-142.htm#en_us_publink1000173771Generally, business-related meal and entertainment expenses are
subject to the 50% limit.
Figure 26-A can help you determine if the 50% limit applies to you.
Your meal or entertainment expense is not subject to the 50%
limit if the expense meets one of the following exceptions.
taxmap/pub17/p17-142.htm#en_us_publink1000173772If you are an employee, you are not subject to the 50% limit
on expenses for which your employer reimburses you under an accountable plan.
Accountable plans are discussed later under
Reimbursements.
You can deduct a higher percentage of your meal expenses while
traveling away from your tax home if the meals take place during or incident to
any period subject to the Department of Transportation's "hours of service"
limits. The percentage is 80%.
Individuals subject to the Department of Transportation's "hours
of service" limits include the following persons.
- Certain air transportation workers (such as pilots, crew,
dispatchers, mechanics, and control tower operators) who are under Federal
Aviation Administration regulations.
- Interstate truck operators and bus drivers who are under Department
of Transportation regulations.
- Certain railroad employees (such as engineers, conductors,
train crews, dispatchers, and control operations personnel) who are under
Federal Railroad Administration regulations.
- Certain merchant mariners who are under Coast Guard regulations.
There are also exceptions for the self-employed, advertising
expenses, selling meals or entertainment, and charitable sports events. These
are discussed in Publication 463.
This section explains different types of entertainment expenses
you may be able to deduct.
taxmap/pub17/p17-142.htm#en_us_publink1000173779
Entertainment includes any activity generally considered to provide
entertainment, amusement, or recreation. Examples include entertaining guests at
nightclubs; at social, athletic, and sporting clubs; at theaters; at sporting
events; on yachts; or on hunting, fishing, vacation, and similar trips.
taxmap/pub17/p17-142.htm#en_us_publink1000173780Entertainment includes the cost of a meal you provide to a customer
or client, whether the meal is a part of other entertainment or by itself. A
meal expense includes the cost of food, beverages, taxes, and tips for the meal.
To deduct an entertainment-related meal, you or your employee must be present
when the food or beverages are provided.
| You cannot claim the cost of your meal both as an entertainment
expense and as a travel expense.
|
taxmap/pub17/p17-142.htm#en_us_publink1000173782If you have one expense that includes the costs of entertainment
and other services (such as lodging or transportation), you must allocate that
expense between the cost of entertainment and the cost of other services. You
must have a reasonable basis for making this allocation. For example, you must
allocate your expenses if a hotel includes entertainment in its lounge on the
same bill with your room charge.
taxmap/pub17/p17-142.htm#en_us_publink1000173783If a group of business acquaintances take turns picking up each
others' meal or entertainment checks without regard to whether any business
purposes are served, no member of the group can deduct any part of the expense.
taxmap/pub17/p17-142.htm#en_us_publink1000173784You cannot deduct expenses for entertainment that are lavish
or extravagant. An expense is not considered lavish or extravagant if it is
reasonable considering the facts and circumstances. Expenses will not be
disallowed just because they are more than a fixed dollar amount or take place
at deluxe restaurants, hotels, nightclubs, or resorts.
taxmap/pub17/p17-142.htm#en_us_publink1000173785
You can deduct entertainment expenses that are directly related to, and
necessary for, attending business meetings or conventions of certain exempt
organizations if the expenses of your attendance are related to your active
trade or business. These organizations include business leagues, chambers of
commerce, real estate boards, trade associations, and professional associations.
taxmap/pub17/p17-142.htm#en_us_publink1000173786Generally, you cannot deduct more than the face value of an entertainment
ticket, even if you paid a higher price. For example, you cannot deduct service
fees you pay to ticket agencies or brokers or any amount over the face value of
the tickets you pay to scalpers.
taxmap/pub17/p17-142.htm#en_us_publink1000173787This section explains different types of entertainment expenses
you generally may not be able to deduct.
taxmap/pub17/p17-142.htm#en_us_publink1000173788You cannot deduct dues (including initiation fees) for membership
in any club organized for:
- Business,
- Pleasure,
- Recreation, or
- Other social purpose.
This rule applies to any membership organization if one of its
principal purposes is either:
- To conduct entertainment activities for members or their guests,
or
- To provide members or their guests with access to entertainment
facilities.
The purposes and activities of a club, not its name, will determine
whether or not you can deduct the dues. You cannot deduct dues paid to:
- Country clubs,
- Golf and athletic clubs,
- Airline clubs,
- Hotel clubs, and
- Clubs operated to provide meals under circumstances generally
considered to be conducive to business discussions.
Generally, you cannot deduct any expense for the use of an entertainment
facility. This includes expenses for depreciation and operating costs such as
rent, utilities, maintenance, and protection.
An entertainment facility is any property you own, rent, or use
for entertainment. Examples include a yacht, hunting lodge, fishing camp,
swimming pool, tennis court, bowling alley, car, airplane, apartment, hotel
suite, or home in a vacation resort.
taxmap/pub17/p17-142.htm#en_us_publink1000173790You can deduct out-of-pocket expenses, such as for food and beverages,
catering, gas, and fishing bait, that you provided during entertainment at a
facility. These are not expenses for the use of an entertainment facility.
However, these expenses are subject to the directly-related and associated tests
and to the 50% limit discussed earlier.
taxmap/pub17/p17-142.htm#en_us_publink1000173791For more information on entertainment expenses, including discussions
of the directly-related and associated tests, see chapter 2 of Publication 463.
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