Publication 463 |
2001 Tax Year |
Chapter 2 Entertainment
You may be able to deduct business-related entertainment expenses you have for entertaining a client, customer, or employee. The rules and
definitions are summarized in Table 2.
You can deduct entertainment expenses only if they are both ordinary and necessary and meet one of the following two tests.
- Directly-related test.
- Associated test.
Both of these tests are explained later under What Entertainment Expenses Are Deductible.
An ordinary expense is one that is common and accepted in your field of trade, business, or profession. A necessary expense is one that is helpful
and appropriate for your business. An expense does not have to be indispensable to be considered necessary.
The amount you can deduct for entertainment expenses may be limited. Generally, you can deduct only 50% of your unreimbursed entertainment
expenses. This limit is discussed later under 50% Limit.
Club dues and membership fees.
You cannot deduct dues (including initiation fees) for membership in any club organized for:
- Business,
- Pleasure,
- Recreation, or
- Other social purpose.
This rule applies to any membership organization if one of its principal purposes is either:
- To conduct entertainment activities for members or their guests, or
- To provide members or their guests with access to entertainment facilities, discussed later.
The purposes and activities of a club, not its name, will determine whether or not you can deduct the dues. You cannot deduct dues paid to:
- Country clubs,
- Golf and athletic clubs,
- Airline clubs,
- Hotel clubs, and
- Clubs operated to provide meals under circumstances generally considered to be conducive to business discussions.
Entertainment facilities.
Generally, you cannot deduct any expenses for the cost of using an entertainment facility. This includes expenses for depreciation and operating
costs such as rent, utilities, maintenance, and protection.
An entertainment facility is any property you own, rent, or use for entertainment. Examples include a yacht, hunting lodge, fishing camp, swimming
pool, tennis court, bowling alley, car, airplane, apartment, hotel suite, or home in a vacation resort.
Out-of-pocket expenses.
You can deduct out-of-pocket expenses, such as for food and beverages, catering, gas, and fishing bait, that you provided during entertainment at a
facility. These are not expenses for the use of an entertainment facility. However, these expenses are subject to the directly-related and associated
tests and to the 50% limit, all discussed later.
Gift or entertainment.
Any item that might be considered either a gift or entertainment generally will be considered entertainment. However, if you give a customer
packaged food or beverages that you intend the customer to use at a later date, treat it as a gift.
If you give a customer tickets to a theater performance or sporting event and you do not go with the customer to the performance or event, you have
a choice. You can treat the cost of the tickets as either a gift expense or an entertainment expense, whichever is to your advantage.
You can change your treatment of the tickets at a later date by filing an amended return. Generally, an amended return must be filed within 3 years
from the date the original return was filed or within 2 years from the time the tax was paid, whichever is later.
If you go with the customer to the event, you must treat the cost of the tickets as an entertainment expense. You cannot choose, in this case, to
treat the cost of the tickets as a gift expense.
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