Deduct 100 Percent of Your Business Meals Under New Rules
Bradford Tax Institute
Since 1986, lawmakers have limited business meal deductions: first to 80 percent, and then to 50 percent (unless an exception applies).
But on December 27, 2020, in an effort to help the restaurant industry due to the COVID-19 pandemic, lawmakers enacted a new, temporary 100 percent business meal deduction for calendar years 2021 and 2022.
To qualify for the 100 percent deduction, you need a restaurant to provide you with the food or beverages.
The law requires only that the restaurant provide the food and beverages. You don’t have to pay the money directly to the restaurant. For example, you qualify for the 100 percent deduction if you order a restaurant meal that’s delivered by Uber Eats or Grubhub.
Your deductible business meals must be tax code Section 162 ordinary and necessary business expenses, and they must not be subject to disallowance under tax code Section 274.
You must be present at the business meal, and you must provide the business meal to a person with whom you could reasonably expect to engage or deal with in the active conduct of your business, such as a customer, client, supplier, employee, agent, partner, or professional advisor, whether established or prospective.
Remember, to qualify for the 100 percent deduction, you need a restaurant. The IRS recently provided definitions and examples of what is and is not a restaurant.
A restaurant is “a business that prepares and sells food or beverages to retail customers for immediate consumption, regardless of whether the food or beverages are consumed on the business’s premises.” It is not any of the following:
- Grocery stores
- Specialty food stores
- Beer, wine, or liquor stores
- Drug stores
- Convenience stores
- Vending machines or kiosks
In general, the 50 percent limitation applies to business meals from the sources listed above.
The restaurant creates the 100 percent deduction.
If you would like to discuss your business meal activities, please contact us.
Related Newsletter: 14 Tax Reduction Strategies for the Self-Employed
SERVICES WE OFFER RELATED TO THIS TOPIC
The information contained in this post is for general use and educational purposes only. However, we do offer specific services to our clients to help them implement the strategies mentioned above. For specific information and to determine if these services may be a good fit for you, please select any of the services listed below.
Asset ProtectionIn this issue: The Importance of Updating Your Software Always: Apple and Google Savvy Cybersecurity...
Tax PlanningEvery month we provide you with a fairly detailed review of several Important Tax Topics. Scan through the...
Retirement PlanningHealth care planning is a sensitive subject that often takes you and your advisor places you don’t...