Business Travel

Food and Drink?

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It would help if the IRS were a fully funded agency.  But, for the past four years or so, it has suffered because the GOP claims (FAKE NEWS) that WrongWing (non-)charities had a tough time getting approved as non-profit entities.  The GOP feels that these Political Action Committees (PAC) were chosen for special scrutiny. (FACT: All these fake charities that are really aimed at promoting political candidates from the Left, the Right, and the Middle were subject to the same extra scrutiny.)

The GOP also strangled the finances of the IRS to ensure it would have a hard time enforcing the financial provisions of the Patient Protection and Affordable Care Act (PPACA, aka Obamacare). Now that the most recent tax cut removed the penalty provision of PPACA as of 2019, one can expect the IRS will begin obtaining reasonable funding.

This lack of funding (and, therefore, personnel)  is why some of the provisions of the new tax law (PL117-95) are not fully explainable yet.  (It’s also why the frequency of audits have been cut in 1/2.)

Back to PL117-95 (formerly the Tax Cuts and Jobs Act).  We do know that the law explicitly deprived business of the entertainment deduction. And, the law also killed deductible meals. But, not all meals.

Let’s take my recent trip to Louisville, Kentucky. Where I spent a few days at the Mid America Truck Show. Meeting with transportation professionals, manufacturers, and truck drivers. All of which are normal interests for our company.

Of course, travel and lodging that were incurred during this trip were deductible. The new tax law didn’t change those rules. And, the incidentals- the taxis, the newspapers- they, too, were deductible.

Also unchanged are the deductibility for the  day(s) of travel to and from the destination are considered part.  (You should now that I have never availed myself of those “extra” days of travel; that practice stemmed from my desire to spend as much time with my kids as possible, even if it meant I had to fly the midnight special.)  And, each day of one’s business trip is deductible as long as FOUR (4) hours of business is conducted per day.  (That rule does not include the travel days.)

That brings up a key point, too. If you have a business meeting on Friday and another one on Monday, then the weekend is considered part of the business trip.  [I have used this trick often- especially if I brought my kid(s) along for the fun.]

Business Travel

As a matter of course the following items are 100% deductible- both under the old regime and the new tax law.

Deductible Travel Expenses

But, what about the meals? I know you all think since the tax law was passed, these expenses would not be deductible. NOPE!

I can deduct the costs for the meals that were required because I traveled away from home for business. Now, while the rules say they are 100% business related, the law also limits the deductiblity of those expenses to 50% of the total. (This same percentage deduction obtained under the old rules.) And, the cost of meals means the tip you leave the staff, too. Tips one provides wait staff is NOT to be included under the above list mentioning tips. These are food related; as such, they are also limited to the 50% deduction rules.

Don’t get carried away, either. You can’t deduct golfing fees while you are away. It makes no difference if you went by yourself, with a client, with a partner, with an employee, or with a prospect.

Nor can spa expenses (pedicures or manicures) appear, either. Nor can you deduct movies (even if you go to one of those hotels that has pay-per-view- and it’s not educational if you seek out one starring or directed by Stormy Daniels).   Which should make it clear that a Broadway (or other theater) show is also off the list for deductions. Yup, you guessed it- no concerts, either.

And, the costs to attend the games of my beloved Phillies- even as I take a client with me- nope. They are now the overhead expenses for our firm- or my personal expenses.

How to separate out items on a hotel bill

And, folks, don’t consider charging your room service or hotel meals to the hotel bill. Oh, sure, you can charge them to make it easier to handle your bill. But those costs MUST be delineated and separated from the accommodation charge. Because accommodations are fully deductible, but meals are limited to 50%.  And, you can bet the IRS will be very carefully examining (ok, via a paper audit) those charges.

Roy A. Ackerman, Ph.D., E.A.

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14 thoughts on “Food and Drink?”

  1. You’re a good father, Roy – taking those midnight trips. And this is good advice. I have a couple of conferences I might go to if things work out budget-wise, and I will keep in mind the potential deductions, because I never remember that I can do that.

  2. It all makes my head spin at this point! I cannot keep up with all the changes. Thanks for clarifying this. There were some conversations at a networking event recently about this.

    Let’s say I go out and meet with colleagues from other companies at a local restaurant. They are all legitimate prospective clients that I one day soon would like for them to pay for my services. We each get our own check.

    Is this meal deductible as a meal?

    If I called this a ‘marketing event’ would it be deductible?

    If you do not want to answer this since I know I should check with my accountant, I am happy to do that! 🙂

    Your posts always enlighten me, Roy. Thanks for sharing so much!
    Paul Taubman recently posted..Make The Best Use Of Your Time Via Outsourcing

    1. So, if the year was 2017 or before, Paul- yup.
      But, from 2018 forward- we eat those expenses. As I had written earlier, this is going to cost our firm something big. About 19% of our gross revenue involved meals and meetings that are local. They are no longer deductible. So, that 20% pass-through holiday? You guessed it- it will just cover our meals.
      But, there is a wrinkle. If you present a seminar (with proof, like invitations and an agenda [probably some PDF/s or PowerPoints, too], then you could deduct it.

      Glad to share the few tidbits (or more) of data I have!

  3. Thanks for clarifying what l considered to be grey areas. It actually makes more sense now. I really am glad l leave it to you professionals. It makes my head spin😀

  4. You’re a good Dad, Roy – doing everything you could to be able to shorten a trip to spend more time with your children. So, all I can add is – some will be disappointed to discover Stormy Daniels “educational” movies (and aren’t all such movies educational?) aren’t deductible – and neither, apparently, are games of golf.
    Alana recently posted..Kopsick #AtoZChallenge #Blogboost

  5. Thank you for the valuable advice. In fact all the costs to close a business, even if it is to be entertainment with the client, should be passed on to the organization. And about the meal cost at 50% I find it unfair, if we are working, the organization must bear the cost, as it will receive a larger share of the profit.

    1. So, the logic (or the semblance thereof, Fernando) was a response by Congress to the claims of the 3 martini lunch. That the titans of industry could enjoy gourmet meals and drinks while being subsidized by the taxpayer. Now, however, unless one is traveling, none of those expenses are deductible.

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