Guidelines on the following issuesFood or beverages term encompasses all food and beverage items, despite the fact whether you characterize them as meals, snacks, or any other type of food and beverages. Secondly, the Food or beverage cost establishes the full cost of food or beverages, including any delivery fees, tips, and sales tax.To sort out the general disallowance rule for entertainment expenses, IRS makes it clear that the \’entertainment\’ term here includes those food or beverages that are given at or during an entertainment activity (such as a sports event or movie theatre). Additionally, the cost of the meal should be written together with the bill for the entertainment.The tax is deductible if the amount paid for food and beverages during and at the entertainment activity is:
- Purchased separately from the entertainment vicinity or
- The cost of food and beverage is written separately on the bill, invoice, or receipt. The cost should depict the venue’s usual selling price for these items. This also means even if they were purchased separately from the entertainment or the reasonable value of these items.
Effect of Consolidated Appropriations Act on Deduction of Business Meal Expenses for 2021 and 2022Here we are going to compare the previous rules after the passage of the Tax Cuts and Jobs Act (TCJA) of 2017 and the new norms after the Consolidated Appropriations Act in December 2020.
- Expense on entertainment including meals, calculatable with the price of entertainment, has seen no change. This means, still remains non-deductible after CAA Act.
- If you buy business meals from restaurants, the one that is given during the entertainment but payable separately, are now 100% Deductible. Previously it was only 50% deductible.
- Similarly, the Meals Provided for Convenience of Employer if purchased from a restaurant, are now 100% Deductible.
- Meals purchased for Employee Parties were 100% deductible after TJCA, 2017. But they have not seen any change after CAA, 2020.
- Payment for Employee Meals who are out of Town for a Business Purpose was 50% deductible before CAA. However, after the passage of the Consolidated Appropriations Act (CAA), they are 100% Deductible if from a Restaurant.
- Per Diem Meals that were previously 50% deductible is now 100% deductible after CAA, 2020.