Business Entertainment Expenses No Longer Deductible

I’ve been meeting with clients lately who are extremely concerned about many of the confusing elements of the new tax law. And it is confusing — many CPAs are holding off on issuing any recommendations that aren’t reversible, waiting for a technical corrections bill and IRS guidance.

But one less confusing provision of the new tax law is clear — entertainment expenses are no longer deductible. Period.

The old law allowed a 50% deduction for entertainment expenses if business was discussed before, during, or afterwards. Starting January 1, 2018, unless the event has a direct business purpose, it cannot be deducted at all.

A few practical takeaways here:

  1. If entertaining a client or sales connection, take them out to dinner instead of an event — and be careful that there is no entertainment component, like live music or theater.
  2. Promotional events are still 100% deductible as marketing and advertising, so make sure your company has branding, signage, program recognition and advertising, etc. as a part of the gig.
  3. There are rare situations where entertainment isn’t “Entertainment”, because a direct business purpose exists. For example, a luthier might take a potential client to hear a performance played on her instrument for the express purpose of illustrating the sound in a concert hall. The IRS might accept situations such as these as having a “direct business purpose” — but proper documentation will be essential.
  4. This doesn’t mean you can no longer make business deals on the golf course or at the ball game — just make sure not to write them off on your tax return. There are other non-deductible expenses that are still a cost of doing business (such as parking tickets or other penalties), and Entertainment expenses should be tracked accordingly.

Source: The party’s over! Businesses can’t write off entertainment expenses under new tax law – MarketWatch

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