Employers must change their systems and processes for the new rules

We live in a beautiful area that lends itself to people wanting to entertain their friends and guests with great food, wine and our beloved sports teams. So it is no surprise that one of the first things our clients have been asking me about is the tax reform issue on meals and entertainment deductions.

Pisenti & Brinker LLP has been a proud member of RSM US Alliance, a premier affiliation of independent accounting and consulting firms in the United States, with more than 75 members in over 38 states. Earlier this year, RSM Senior Manager Chris Eckert and Partner Tom Windram shared their insights into these deduction changes.

The deduction for meals and entertainment (M&E) expenses has been one of the most broadly applicable opportunities for significant tax savings; however, after tax reform, there are some misconceptions regarding how to apply the rules and what opportunities remain.

Under prior law, the Internal Revenue Code stated that a taxpayer could only deduct 50 percent of meals and entertainment expenses unless certain exceptions applied. Broadly defined, meals are food or beverages, and entertainment is “any item with respect to an activity which is of a type generally considered to constitute entertainment, amusement or recreation, or with respect to a facility used in connection with such activity.” These definitions were intentionally broad, and there were numerous exceptions to the general rule making certain meals and entertainment expenses 100 percent deductible.

However, the Tax Cuts and Jobs Act (TCJA) provided the most substantial overhaul of the U.S. tax code in decades and sought to further limit the deductibility of some meals and most entertainment expenses, but some important exceptions still apply. The deductibility of many popular employer-provided fringe benefits, such as deductions for work-related activities—including certain meal and entertainment expenses have undergone sweeping changes. Now more than ever, employers need to understand their M&E expenses and ensure they are properly categorized and deducted, to avoid lost tax savings.

What is gone and what remains?

The TCJA completely eliminates the employer tax deduction for substantially all directly paid or reimbursed business entertainment expenses. In the meantime, it may allow employers to deduct up to 50 percent of certain enumerated expenses. We have learned that IRS regulations will be issued that should define “entertainment” more definitively. There are also certain exceptions under sections 274(e)(5) and (e)(6) (regarding employee, stockholder and business league meetings) that appear now to be applicable to entertainment expenses as a result of some language that was eliminated from section 274(a). This appears to be an unintended consequence in drafting the new law and may be a candidate for a future technical corrections bill. However, the law retains several elements of the current section 274(e) deductions. Under the rewrite of section 274:

  • Typical business entertainment would be 100 percent nondeductible.
  • The 50 percent limitation for business-related food and beverage expenses applies now to include food and beverages provided to employees through an eating facility, as well as other employer provided food and beverages.

The deduction for expenses associated with providing any qualified transportation fringe benefit, including for commuting between the employee’s residence and place of employment, would be disallowed, except as necessary for ensuring the safety of the employee.

Realizing the potential of the exceptions

Companies should now review the tax treatment of their M&E expenses to realize the exceptions to the limitation rules to identify expenses that should be treated as 100 percent deductible, as well as to comply with the changes of certain expenses to nondeductible or 50 percent deductible. Under current law, companies can review current and open tax years to take advantage of favorable M&E tax rules as well as higher rates for tax savings. A review like this now will help companies better understand their chart of accounts, process and expense reporting system which will make implementation of the new M&E rules much more efficient.

It is clear employers will be required to make changes to their systems and processes at this time. Companies should review the tax treatment of their M&E expenses to realize the exceptions to the limitation rules to identify expenses that should be treated as 100 percent deductible. These examples of fully deductible expenses include:

  • Expenses treated as employee compensation
  • Reimbursed expenses
  • Expenses for recreational, social or similar activities primarily for the benefit of employees
  • Expenses for goods, services and facilities made available by the taxpayer to the general public
  • Expenses for goods or services which are sold by the taxpayer in a bona fide transaction for an adequate and full consideration
  • Expenses includable in income of persons who are not employees

Whether considering the tax treatment of M&E expenses for 2017, or evaluating how tax reform will affect your deductions, statistical sampling is an effective and efficient way to understand your tax position and recognize savings. Companies may efficiently increase earnings per share, decrease their effective tax rate and increase cash by incorporating these rules into their accounting policies and may nonintrusively segregate nondeductible or 50 percent deductible expenses from 100 percent deductible expenses to help minimize income taxes.

The information contained herein is general in nature and based on authorities that are subject to change. RSM US LLP guarantees neither the accuracy nor completeness of any information and is not responsible for any errors or omissions, or for results obtained by others as a result of reliance upon such information. RSM US LLP assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect information contained herein. This publication does not, and is not intended to, provide legal, tax or accounting advice, and readers should consult their tax advisors concerning the application of tax laws to their particular situations. This analysis is not tax advice and is not intended or written to be used, and cannot be used, for purposes of avoiding tax penalties that may be imposed on any taxpayer

Josh Moore, CPA Partner Pisenti & Brinker LLP

Josh has more than 15 years of experience in both public accounting and private industry. A graduate of Sonoma State University, he received his Bachelor of Science degree in Business Administration with an emphasis in Accounting in 2000 and joined Pisenti & Brinker LLP after graduation. Josh became a partner in 2015. He has extensive tax, assurance, and business advisory experience.

Josh resides in Santa Rosa with his wife and daughters. In his leisure time he enjoys riding off-road motorcycles, mountain biking, and being outdoors with family and friends.


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