An ordinary
expense is one that is common and accepted in the business owners trade or
business.
A necessary
expense is one that is helpful and appropriate for the business.
To meet the
directly-related test, you must show that:
The main purpose of
the combined business and entertain/meal was the active conduct of business.
You did engage in
business with the person during the event, and
You had more than
a general expectation of getting some income or some other specific business
benefit at some future time.
If the
entertainment/meal takes place in a clear business setting and is for your
business or work, the expenses are considered directly-related to your business
or work.
Even if your
expenses do not meet the directly-related test, they may meet the
associated-test. To meet the associated-test, you must show that the
entertainment/meal expense is:
Associated the
active conduct of your trade or business, (you can show that you had a clear
business purpose for having the expense) and
Directly before
or after a substantial business discussion (you actively engaged in the
discussion, meeting, negotiation, or other business transaction).
50% Limit
The tax law
allows you to deduct only 50% of your business-related entertainment/meals you
have while:
Traveling away
form your tax home whether eating alone or with others on business.
Entertaining at
your place of business, a restaurant, or other location, or
Attending a
business convention or reception, meeting, or luncheon.
The amount of the
expense must be considered reasonable. Included in the 50% limit are taxes and
tips, cover charges, rent paid for a room in which you hold an event, and
parking. Amounts considered lavish or extravagant are not deductible.
Entertainment
Expenses Are NOT Deductible
You cannot deduct
club dues and membership fees paid to:
Airline Clubs
Athletic ClubsCountry Clubs
Golf Clubs
Hotel Clubs
Expenses for
Spouses
You cannot deduct
entertainment/meal expenses for your spouse or for the spouse of the person you
are entertaining unless you can show you had a clear business purpose, rather
than a personal or social purpose, for incurring the expense.
Required
Documentation and Substantiation In An Audit
The tax laws
requires the following written documentation and substantiation of all
entertainment and meal expenses included on a tax return:
Date expense was
incurred
Location of eventTotal Amount
Business Purpose, and
Business Relationship
Failing to keep
appropriate records could allow the IRS to disallow all or a portion of the
expense in an audit.
This article was written by Donald M. Scherzi, CPA, CFP, LLC
Mike
Lupo, SCORE Counselor
Visit
us at: www.scoresouthflorida.net
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