| Tax Topic #512 |
2006 Tax Year |
Business Entertainment Expenses
Entertainment expenses that are both ordinary and necessary in carrying
on a trade or business may be deductible if they meet one of the following
two tests:
- the directly–related test, or
- the associated test.
In order to meet the directly-related test under the general rule you must
show that:
- You had more than a general expectation of getting income or some other
specific business benefit at some future time;
- You engaged in business with the person being entertained during the entertainment
period;
- The main purpose of the entertainment was the active conduct of business;
and
- The expenditure was allocable to the taxpayer and a person with whom the
taxpayer conducted business during the entertainment or with whom the taxpayer
would have conducted business (if it were not for circumstances beyond the
taxpayer's control).
You may also meet the directly-related test by showing that the expenditure
was for entertainment occurring in a clear business setting directly in furtherance
of the taxpayer's trade or business; that the expenditure was made directly
or indirectly to someone (other than an employee) as compensation for services;
or that the expenditure was paid as a prize or award which is required to
be included in the recipient's gross income. An expense will not be directly
related under circumstances in which there is little or no chance of engaging
in the active conduct of business.
For entertainment to meet the associated test, you must show that the entertainment
was associated with the active conduct of your trade or business and directly
preceded or followed a substantial and bona fide business discussion.
You must have records to prove the business purpose (under the applicable
test) and the amount of each expense, the date and place of the entertainment,
and the business relationship of the persons entertained. For further information
on record keeping, refer to Topic 305.
Generally, only 50% of food and beverage ("meal") and entertainment expenses
are allowed as a deduction. For exceptions to the 50% limitation, refer to Publication 463, Travel, Entertainment, Gift and Car Expenses.
Entertainment includes any activity generally considered to provide/constitute
entertainment, amusement, or recreation. This includes entertaining guests
at night clubs, social events, theaters, sporting events, athletic clubs,
on yachts, or on hunting and fishing vacations, and similar trips. The cost
of a meal you provide a customer or client is deductible as entertainment
(subject to the 50% limitation) only if you or your employee is present when
the food or beverages are provided and the expense is not lavish or extravagant
under the circumstances.
None of the dues you pay for membership in any club organized for business,
pleasure, recreation, or other social purpose is deductible, if a principal
purpose of the club is to conduct entertainment activities or provide access
to entertainment facilities for members or their guests. Additionally, no
deduction is allowed for operating expenses incurred with respect to a facility
used in connection with entertainment (e.g., yacht, hunting lodge, fishing
camp, swimming pool).
If you are an employee whose deductible business entertainment expenses
are fully reimbursed under an accountable plan, the reimbursement should not
be included in your wages on Form W-2 (PDF) and you
should not deduct the expenses. If you are not reimbursed under an accountable
plan, your expenses exceed the reimbursement you received under an accountable
plan, or you are not reimbursed, use Form 2106 (PDF),
or if you meet the conditions, Form 2106-EZ (PDF) to
report business entertainment expenses. These expenses, including expenses
that exceed the reimbursement under an accountable plan, are carried over
to Form 1040, Schedule A (PDF), and are generally
subject to the 2% of adjusted gross income limit. Refer to Topic 508 for
more information on the 2% limit, Topic 305 for more information
on record keeping requirements, and Publication 463 for a
definition of accountable and nonaccountable plans.
If you are self–employed, use Form 1040, Schedule C (PDF),
or Form 1040, Schedule C-EZ (PDF), or if you
are a farmer, use Form 1040, Schedule F (PDF) to
deduct these expenses.
For more information on meal or entertainment expenses, refer to Publication
463.
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