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Deduct 100 Percent of Your Employee Recreation and Parties
When you know the rules, you can party with your employees and deduct 100 percent of the cost.
The IRS says that the following types of entertainment qualify for the 100 percent employee entertainment tax deduction:
- Holiday parties, annual picnics, and summer outings
- Maintaining a swimming pool, baseball diamond, bowling alley, or golf course
The IRS makes it clear that the above are examples, and that other types of entertainment may also qualify for the 100 percent entertainment deduction. The tax code states that “expenses for recreational, social, or similar activities (including facilities therefor) primarily for the benefit of employees” qualify for the 100 percent deduction.
Who Are These Employees?
Technically, the law requires that the entertainment expenses be primarily for the benefit of employees other than a “tainted group.” The tainted group consists of
- highly compensated employees (employees who are paid more than $130,000 in 2021);
- anyone, including you, who owns at least a 10 percent interest in your business (this is called a “10 percent owner”); or
- any members of the families of 10 percent owners, i.e., brothers and sisters (including half-brothers and half-sisters); spouses; ancestors (parents, grandparents, etc.); and lineal descendants (children, grandchildren, etc., including adoptees).
As the business owner, you belong to the tainted group. That’s not a big deal. You just need to make sure that partyingwith the employees is primarily for the benefit of the employees.
“Primary” Means “More Than 50 Percent”
In tax law, the words “primary” and “primarily” mean “more than 50 percent.” For employee recreation, that means the untainted group of employees has to account for more than 50 percent of the use of the entertainment facility, or in the case of a party, a majority of the attendees must come from the untainted employee group.
Documentation tip. You can measure “primary” by days of use, time of use, number of employees, or any other reasonable method. Regardless of how you measure use, the keys to your deductions are the records that prove the uses.
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Its time for some good news for those S Corp Owners who own more than 2% of your S Corp: there are some good updates when it comes to your health insurance. First things first -- ensure that your health insurance deductions are in order, and avoid the $100-a-day penalties for violating the rules of the Affordable Care Act (ACA). To do this, take the following steps: Get the cost of the health insurance on the S corporation’s books, either by making the premium payments directly or through reimbursement. Ensure that the S corporation includes the health insurance premiums on the owner-employee’s W-2 form, including the additional compensation in box 1 but not in boxes 3 or 5. If you are an owner-employee with more than 2 percent ownership, claim the health insurance deduction as “self-employed health insurance” on line 17 of Schedule 1 of Form 1040. However, there are 2 rules you must meet: not having access to employer-subsidized health insurance and having adequate salary. While the S corporation does not have to provide health insurance benefits for its rank-and-file employees, but if it does, it must use an acceptable ACA plan, such as (among others) the qualified small employer health reimbursement arrangement (QSEHRA) or the individual coverage HRA (ICHRA). Its important to note that the S corporation can reimburse more-than-2-percent owners for individually purchased insurance without any penalties, BUT if it reimburses rank-and-file employees without using the QSEHRA or ICHRA, it faces the $100-a-day penalty per employee. If you are looking to provide health benefits to employees through the S corporation, there are many tax-advantaged options available. If the S corporation provides group health insurance to all employees, including the shareholder-employee, the same rules apply. This, and many other important tax savings strategies could help save you thousands of dollars each year through a qualified tax plan! Call us today at 844-229-8936 to set up an appointment with our certified tax planner and tax coach! Let us put you on the path to savings!
