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Deducting Entertainment Expenses

In the 11 years Cole Martin, Ltd. has been in business,
it seems that some issues never change or go away. Audits of
individuals and businesses have decreased dramatically, but when we do
encounter an audit, the question raised by the IRS remains the same.
Is the taxpayer’s method of accounting appropriate? Also, does the
taxpayer have adequate supporting documentation for the meals and
entertainment deduction?
Under the IRS meals and entertainment rules, a taxpayer cannot take a
deduction for the cost of entertainment unless that cost is either
“directly related” to the active conduct of a trade or business, or
“associated with” the active conduct of a trade or business.
For an expense to qualify as “directly related” to your business, it
must do either of the following: involve an active discussion aimed at
getting revenue (or other business benefit), or occur in a clear
business setting. Also, the discussion must be the principal purpose
of the combined activity.
To be considered “associated with” the active conduct of business, the
entertainment must directly precede or follow a substantial and bona
fide business discussion. It is much easier to qualify an
entertainment expense under this part of the rule.
Even when entertainment expenses follow these rules, they are still
only 50% deductible. Also, all of the expenses must be appropriately
documented and supported by a receipt copy, named participants and the
nature of the business or discussion.
If you have questions on this or any other tax related issues, please
contact Bill Martin at (847)850-5270, ext. 222, or email
bmartin@colemartin.net.
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