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1 1 (April 6, 2020)

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               Researh Sevice






Business Deductions for Entertainment and

Meals



April 6, 2020

Congress has passed several laws in response to the COVID-19 pandemic, including, most recently, the
Coronavirus Aid, Relief, and Economic Security (CARES' Act (P.L. 116-136), which-among its many
purposes-provides tax relief to individuals and businesses. Several of the CARES Act's business tax
relief provisions were accomplished by temporarily rolling back restrictions on net operating losses and
interest deductions that were enacted as part of P.L. 115-97 (sometimes referred to as the Tax Cuts and
Jobs Act or TCJA). As Congress continues to assess the need for further responses, it may consider
temporarily rolling back other provisions enacted as part of P.L. 115-97. This Insight provides an
overview of one such option-the business deductions for meals and entertainment.
Businesses are allowed to deduct a variety of expenses in determining their taxable income. The more that
can be deducted, the smaller their taxable income, and the less the business will owe in taxes, all else
being equal. The ability of businesses to deduct expenses for meals and entertainment was limited in the
TCJA. Although as a whole the law resulted in a tax cut for businesses, by itself this provision restricted
the value of the deduction to businesses, thus raising taxable income.

Rules Prior to the TCJA

Prior to the TCJA, no deduction was allowed for activities generally considered to be entertainment,
amusement, or recreation (entertainment), unless the activity or facility was directly related to or
associated with the active conduct of the taxpayer's trade or business-such as a meal with a prospective
client. If directly related, the allowed deduction for entertainment was generally limited to 50% of the
amount. Similarly, a deduction for any expense for meals generally was limited to 50% of the amount,
although meals provided for the convenience of the employer were fully (100%) deductible. (An example
of an expense eligible for the deduction for meals provided for the convenience of the employer is the cost
to run an on-site subsidized cafeteria for employees.) In addition, no deduction was allowed for
membership dues with respect to any club or organization.





                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
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