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The House on April 18 approved the two largest bills of a bipartisan IRS reform package. On April 17, the House approved seven other bills, by voice vote, which are also part of the larger bipartisan package. Its aim is to restructure the IRS for the first time in 20 years. The entire package of bills was approved by the Ways and Means Committee several weeks ago.

"Congress this week, the House this week, will undertake the first major reform of the IRS in more than two decades," House Ways and Means Committee Chairman Kevin Brady, R-Tex., said in an April 17 leadership press briefing. "A new tax code really demands a new tax collector – and, Republicans and Democrats together, are launching reforms that create a ‘Taxpayer First’ IRS."

In an April 18 statement, Brady further remarked that "[w]ith this package, we are taking a monumental step in redesigning the IRS for first time in 20 years, refocusing the agency to live up to its mission of quality service, and reining in its enforcement powers to prevent future abuse."

IRS Reform
The Taxpayer First Act (HR 5444), which is the lead bill, passed by a 414-to-3 vote. HR 5444, proposes changes to the IRS’s appeals process and customer service programs, and would implement other organizational restructuring.

The 21st Century IRS Act (HR 5445) was approved 414-to-0. HR 5445 focuses primarily on improving cybersecurity and taxpayer identity protection, and modernizing IRS information technology.

In addition, the House approved seven bills by unanimous consent on April 17: HR 2901, HR 5440, HR 5438, HR 5446, HR 5437, HR 5439, and HR 5443. The measures include proposals to establish a single point of contact for tax-related identity theft victims, expand the use of Low-Income Taxpayer Clinics (LITCs), and require electronic filing for certain tax-exempt organizations, among other things.

The IRS reform package has no effect on revenue, according to the Joint Committee on Taxation (JCT) ( JCX-10-18).

Senate
How the IRS reform bills will fare in the Senate remains to be seen. Although Senate Finance Committee (SFC) Chairman Orrin G. Hatch, R-Utah, has commended the House’s efforts toward restructuring the IRS, no word has been released as for when the Senate will consider the measure.

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The IRS provided an additional day for taxpayers to file and pay their taxes, following system issues that surfaced early on April 17. Individuals and businesses with a filing or payment due date of April 17 had until midnight on Wednesday, April 18, to file returns and pay taxes. Taxpayers did not need to take extra actions to receive the extra time.

System Issues
The IRS encountered system issues during the morning of Tuesday, April 17. While the system was down, taxpayers could file their tax returns electronically through software providers and Free File. Taxpayers using paper to file and pay their taxes at the deadline were not affected by the system issue.

"Currently [on April 17], certain IRS systems are experiencing technical difficulties. Taxpayers should continue filing their tax returns as they normally would," the IRS said in a statement sent to Wolters Kluwer on April 17.

"[T]he IRS apologizes for the inconvenience this system issue caused for taxpayers," said Acting IRS Commissioner David Kautter. "The IRS appreciates everyone’s patience during this period. The extra time will help taxpayers affected by this situation."

One Day Extension
The IRS advised taxpayers to continue to file their taxes as normal. Returns filed and taxes paid before midnight on Wednesday, April 18—whether electronically or on paper—would be considered timely. In addition, automatic six-month extensions were available to taxpayers who needed additional time to file.

Up and Running Again
On April 18, the IRS informed taxpayers that the Service’s processing systems were fully back up and running, and that the system outage had been caused by a hardware issue. The IRS pointed out that as of 9 a.m. Eastern time on April 18, it had accepted more than 14 million tax submissions since processing systems reopened.

"IRS teams worked hard throughout the night," explained Kautter. "The overnight performance means that the IRS is current with all of the tax submissions, and no backlog remains."

The IRS reminded taxpayers that help, including automatic six-month extensions to file, was available at IRS.gov.

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The White House and Republican lawmakers are continuing discussions focused on a second round of tax reform, according to President Trump’s top economic advisor. National Economic Council Director Lawrence Kudlow said in an April 5 interview that Trump and House Ways and Means Committee Chairman Kevin Brady, R-Tex., spoke earlier in the week again about a "phase two" of tax reform

Trump and most GOP lawmakers are in agreement that full expensing for business investments and individual tax cuts should be made permanent, according to Kudlow. Those specific tax provisions under the Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97) are currently temporary. "I think you get more bang for the buck on these tax cuts if you do make it permanent," Kudlow said.

Likewise, Trump, while speaking at an April 5 roundtable event in West Virginia, touted the full expensing provision of the TCJA. "I think it’s going to be the greatest benefit of the whole bill," Trump said.

According to Kudlow, there are other ideas being discussed that could also become part of the plan, but he did not elaborate on specifics. "Perhaps, later this year we will see something more concrete," he said.

Looking Forward
Trump also spoke to the tax return filing process changes expected for next year. "Next April, you’re going to, in many cases, [file on] one page, one card…you’ll have a nice simple form next year," Trump said.

To that end, Senate Majority Leader Mitch McConnell, R-Ky., wrote in an April 6 op-ed in Kentucky Today that the current tax return filing process, which includes "complicated paperwork," will soon come to an end. "As a result of the historic overhaul of the federal tax code, this is the last time that you will have to file under the outdated and expensive system that has held our country back for far too long," McConnell wrote.

Democratic Changes
Meanwhile, most Democratic lawmakers continue to criticize the tax law changes under the TCJA. House Minority Leader Nancy Pelosi, D-Calif., said in an April 6 statement that only corporations and the wealthy benefit from the new law. "Powerful special interests are reaping massive windfalls from the GOP tax scam," Pelosi said.

Earlier in the week, while speaking at a tax event in California, Pelosi reportedly said that Democrats would take a bipartisan approach toward revising the TCJA if they regain the House majority in 2019. According to Pelosi, Democrats are interested in creating a tax bill that creates growth and jobs while simultaneously reducing the deficit.

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Certain proposed regulations issued by Treasury will now be subject to additional oversight by the Office of Management and Budget (OMB). A Memorandum of Agreement (MOA) between Treasury and OMB released on April 12 specifies terms under which the Office of Information and Regulatory Affairs (OIRA) within OMB will review future tax regulations.

The MOA comes on the heels of recent debate on whether OMB should have increased oversight of Treasury’s tax-related regulations. While some lawmakers have argued for additional oversight of tax rules, others have expressed concern that more oversight will lead to delays in issuing guidance. The subject has been of particular focus on Capitol Hill as Treasury and the IRS prepare to implement the Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97) enacted in December 2017.

Previous MOA
A previous agreement adopted in 1983, and reaffirmed in 1993, allowed for OIRA review of some regulations but exempted most tax rules. "The MOA announced today replaces the 1983 agreement with a new review process tailored to tax regulations—it focuses on reducing regulatory burdens while providing timely guidance to taxpayers," according to a Treasury Department news release. Treasury Secretary Steven Mnuchin and OMB Director Mick Mulvaney both praised the MOA in a joint news release, for ensuring clarity and transparency for taxpayers.

Generally, OIRA will have 45 days to review submissions from Treasury, according to the MOA. However, to allow for timely implementation of the TCJA, the Treasury secretary or deputy secretary, with the approval of the OIRA administrator, may designate certain tax rules for expedited release.

Increased Oversight
Under the terms of the MOA, tax rules will be subject to OIRA review if they interfere with an action taken by another agency, raise novel legal or policy issues, or have an annual nonrevenue effect on the economy of $100 million or more.

"There may be perfectly good reasons for adding an additional layer of review to finalize Treasury regulations," John Gimigliano, principal-in-charge of federal legislative and regulatory services in the Washington National Tax practice of KPMG LLP, told Wolters Kluwer on April 13. "But speeding up implementation of the new tax law is not one of them. The practical effect of this is that taxpayers will have to wait longer for Treasury to issue interpretations of the new law."

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The IRS is already working on implementing tax reform, according to IRS Acting Commissioner David Kautter. Speaking at a Tax Executives Institute event in Washington, D.C., Kautter discussed current IRS efforts toward implementing tax law changes under the Tax Cuts and Jobs Act (TCJA) ( P.L. 115-97).

"The Tax Cuts and Jobs Act represents the most sweeping change to U.S. tax law since 1986," Kautter said according to his prepared remarks, which were provided to Wolters Kluwer by the IRS. He added that the new law will "involve creating or changing a large number of forms and publications, updating scores of tax processing systems, retraining our workforce and educating the taxpaying public about the changes."

TRIO
The IRS in January created the Tax Reform Implementation Office (TRIO). The TRIO is responsible for establishing and monitoring implementation action plans and ensuring communication with external and internal stakeholders, among other things, according to Kautter. "The TRIO is our tax reform linchpin," he said.

IRS Funding
The IRS was provided $320 million specifically for the implementation of tax reform in the omnibus government spending package that President Trump signed on March 23 ( P.L. 115-141). According to Kautter, more than 70 percent of the IRS funding for tax reform will go toward reprogramming IRS IT systems. Additionally, new forms will need to be developed at a cost of approximately $75,000 per form, and the IRS estimates about 450 products (including forms, instructions and publications) need to be revised. Most of these products need to be updated by the 2019 filing season, which is a "tall order," Kautter said. Additionally, over 1,000 new employees will need to be hired for taxpayer services and for tax reform implementation across the Service, including within the Office of Chief Counsel.

Outreach
The IRS cannot wait for taxpayers to call about the new tax law’s requirements, according to Kautter. "The IRS also needs to be proactive, and provide education and outreach to help taxpayers, tax professionals and other industry partners understand how the law applies to them, and prepare them for the 2019 tax filing season," Kautter said.

The IRS’s Communications and Liaison operation is preparing to start education outreach to increase public awareness of the new tax law’s provisions. The IRS will be conducting events across the country for both taxpayers and tax professionals, according to Kautter. "This summer, the IRS will again be conducting its Nationwide Tax Forums for tax professionals in five cities around the country, where the new tax law will take center stage," he said.

Section 199A
Formal published guidance such as regulations and notices, as well as "soft guidance"including press releases and frequently asked questions, will need to be issued to explain various tax provisions under the new law, according to Kautter. A particular area in "critical"need for guidance is the Code Sec. 199A deduction for qualified business income of pass-through entities, Kautter said, calling it a "challenging" area. While Kautter could not provide a specific time frame for when to expect the guidance, he said the IRS is working to develop the guidance as "quickly and expeditiously as possible."

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Technical corrections to the partnership audit rules were included in the bipartisan Consolidated Appropriations Act (CAA), 2018 ( P.L. 115-141), which was signed by President Trump on March 23. The omnibus spending package, which provides funding for the government and federal agencies through September 30, contains several tax provisions, including technical corrections to the partnership audit provisions of the Bipartisan Budget Act (BBA) of 2015 ( P.L. 114-74).

Scope
The CAA clarifies the scope of the partnership audit rules. The new rules are not narrower than the TEFRA partnership audit rules; they are intended to have a scope sufficient to address partnership-related items. The CAA eliminated references to adjustments to partnership income, gain, loss, deduction, or credit, and replaced them with partnership-related items. "Partnership-related items" are any item or amount that is relevant to determining the income tax liability of any partner, according to the Joint Committee on Taxation (JCT). Among other things, partnership-related items include an imputed underpayment, or an item or amount relating to any transaction with, basis in, or liability of the partnership.

According to the JCT, the partnership audit rules do not apply to withholding taxes except as specifically provided. However, any partnership income tax adjustment will be considered when determining and assessing withholding taxes when the partnership adjustment is relevant to that determination. Further, the technical corrections clarify that an imputed partnership underpayment is determined by appropriately netting partnership adjustments for that year, and then applying the highest rate of tax for the reviewed year.

Pull-In; Push-Out
Also included in the CAA is a "pull-in" procedure, which allows for modifying an imputed underpayment without requiring individual partners to file an amended tax return. The "pull-in" procedure, if elected, would replace the "push-out" election. A push-out shifts liability to individual partners. The "pull-in" procedure contemplates that partner payments and information could be collected centrally by the IRS. However, the procedure permits the partnership representative or a third-party accounting or law firm to collect the data and remit it to the IRS.

Penalties
The partnership adjustment tracking report required in a push out is a return for purposes of failure to file, frivolous submission, and return preparer penalties. Also, the failure to furnish statements in a push-out is subject to the failure to file or pay tax penalties. However, neither an administrative adjustment request nor a partnership adjustment tracking report are returns for purposes of the partner amended return modification procedures.

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It is never too early to begin planning for the 2016 filing season, the IRS has advised in seven new planning tips published on its website. Although the current filing season has just ended, there are steps that taxpayers can take now to avoid a tax bill when April 2016 rolls around. For example, the IRS stated that taxpayers can adjust their withholding, take stock of any changes in income or family circumstances, maintain accurate tax records, and more, in order to reduce the probability of a surprise tax bill when the next filing season arrives.

IRS Recommended Action Steps

Specifically, the IRS advised the taxpayers take the following steps now to jump start a successful 2016 filing season for their 2015 tax year returns:

Consider filing a new Form W-4, Employee's Withholding Allowance Certificate, with an employer if certain life circumstances have changed (such as a change in marital status or the birth of a child). A new child could mean an additional exemption and/or tax credits that might lower your tax liability. Therefore you might benefit from claiming an extra withholding allowance. Conversely, getting married (or divorced) could change your income, making it advantageous to readjust your withholding accordingly.
Report any changes or projected changes in income to the Health Insurance Marketplace (if taxpayer obtained insurance through a marketplace). Income affects the calculation of subsidy payments. Recipients of the advance premium tax credit may owe tax for 2015 if their subsidy payments are too high.
Maintain accurate and organized tax records, such as home loan documents or financial aid documents. Many deductions must be substantiated with evidence, and staying organized now could facilitate the tax return filing process in the future.
Find a tax return preparer. Looking for a qualified tax return preparer may be easier in the off-season, when you are under no immediate pressure to select a person. This can provide taxpayers with more time to evaluate a preparer's credentials.
Plan to increase itemized deductions. If a taxpayer plans to purchase a house, contribute to charity, or incur medical expenses that may not be reimbursed during 2015, it may be beneficial to consider whether itemizing deductions would be more beneficial than claiming the standard deduction for 2015.
Stay informed of the latest tax law changes. Keeping on top of developments can reduce confusion in the long run.

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A major repair to a business vehicle is usually deductible in the year of the repair as a "maintenance and repair" cost if your business uses the actual expense method of deducting vehicle expenses. If your business vehicle is written off under the standard mileage rate method, your repair and maintenance costs are assumed to be built into that standard rate and no further deduction is allowed.

Standard mileage rate

The standard mileage rate for business use of a vehicle is 48.5 cents per mile for 2007. The standard mileage rate replaces all actual expenses in determining the deductible operating business costs of a car, vans and/or trucks. If you want to use the standard mileage rate, you must use it in the first year that the vehicle is available for use in your business. If you use the standard mileage rate for the first year, you cannot deduct your repairs for that year. Then in the following years you can use the standard mileage rate or the actual expense method.

Actual cost

You can deduct the actual vehicle expenses for business purposes instead of using the standard mileage rate method. In order to use the actual expenses method, you must determine what it actually cost for the repairs attributable to the business. If you have fully depreciated your vehicle you can still claim your repair expenses.

Exceptions

Of course, the tax law is filled with exceptions and that includes issues relating to the deductibility of vehicle repairs and maintenance. Some ancillary points to consider:

If you receive insurance or warranty reimbursement for a repair, you cannot "double dip" and also take a deduction;
If you are rebuilding a vehicle virtually from the ground up, you may be considered to be adding to its capital value in a manner in which you might be required to deduct costs gradually as depreciation;
If you use your car for both business and personal reasons, you must divide your expenses based upon the miles driven for each purpose.

You may want to calculate your deduction for both methods to determine which one will grant you the larger deduction. If you need assistance with this matter, please feel free to give our office a call and we will be glad to help.

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In many cases, employees can elect to reduce their salary and contribute the amounts to a retirement plan. These plans include 401(k) cash or deferred arrangements, 403(b) tax-sheltered annuities, eligible Code Sec. 457 deferred compensation plans of state and local governments and tax-exempt entities, simple retirement accounts, and plans for self-employed persons such as a SEP individual retirement account (SEP IRA).

Each retirement plan limits the amount that can be contributed annually to the plan:

IRAs - Contribution limits are $4,000 for 2006 and 2007; $5,000 for 2008.
401(k), 403(b), 457, SEP IRA - Contribution limits are $15,000 for 2006 and $15,500 for 2007. The contribution limits are indexed.
Simple retirement accounts - The limit is $10,000 for 2006; $10,500 for 2007. The contribution limit is indexed.

Many retirement plans allow participants age 50 and older to make "catch-up" contributions. Participants can contribute an additional amount in excess of the normal limits. Making a catch-up contribution increases the amount available at retirement and is beneficial if the employee can afford it.

There is a separate limit for catch-up contributions. The limits are as follows:

IRAs - $1,000 for 2007. This amount is not indexed.
401(k), 403(b), 457 and SEPs - $5,000 in 2006; indexed in $500 increments but unchanged for 2007.
SIMPLE plans - $2,500 for 2006, indexed but unchanged for 2007.

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Parents of a child under age 13 can take a tax credit for child care expenses to enable them to work. The credit can be taken for care of two or more children. Child care expenses are amounts you paid for someone to come to your home, for care at the home of a day care provider, and for care at a day care center.

Parents of a child under age 13 can take a tax credit for child care expenses to enable them to work. The credit can be taken for care of one or more children. Child care expenses are amounts you paid for someone to come to your home, for care at the home of a day care provider, and for care at a day care center.

The credit is a percentage of qualified child care costs. Qualified costs are limited to $3,000 for one child and $6,000 for two or more children. The credit is taken on the lowest of your earned income, your spouse's earned income, or your qualified costs. Generally, if the spouse is not working, no credit is allowed, unless the spouse is a student or is disabled.

The cost of child care includes incidental amounts for food and schooling, but not items with a separate cost. The cost of schooling does not qualify if the child is in kindergarten or above. The credit can also be claimed for the cost of taking care of a disabled spouse who cannot care for himself or herself, and for any other disabled person that you can claim as a dependent.

Married couples must file a joint return to claim the credit. You also qualify to claim the credit if you file as a single person, head of household, or qualifying widow(er).

To compute the amount of the credit, you multiply the amount determined from costs or earned income by a specified percentage. The percentage starts at 35 percent, if you have $15,000 or less of adjusted gross income. The percentage is reduced by one percentage point for every $2,000 of additional income for the next $23,000 in income above $15,000. You can use the minimum percentage of 20 percent if your income is $43,000 or more. Thus, the maximum credit is $1,050 (35 percent of $3,000) for one child and $2,100 for two or more children (35 percent of $6,000); and the minimum, no matter how much money you make, is $600 for one child and $1200 for more than one child.

The credit is taken on Form 2441. You must provide the name and address of the day care provider, the provider's taxpayer identification number, and the expenses paid to the provider. The day care provider cannot be your spouse, a parent of the child, or another person you claim as a dependent. However, payments to your child age 19 or older will qualify for the credit. You must also provide the names of your children and a social security number for each child.

If you are enrolled in a flexible spending account (FSA) with your employer, you may have elected to pay for child care expenses with funds from the FSA. These amounts are tax-free. To prevent a double benefit, you must reduce the child care credit by amounts used from the FSA to pay for child care.

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In a final session, Congress approved a $45.1 billion package of tax extenders and other tax breaks during the night of December 8-9. The Tax Relief and Health Care Act of 2006 (H.R. 6111) renews many valuable - but temporary - tax breaks for individuals and businesses, including the state and local sales tax deduction, the higher education tuition deduction and employer tax incentives. The new law also extends some energy tax breaks, makes Health Savings Accounts (HSAs) more attractive and creates new tax incentives.

Temporary versus permanent tax cuts

Tax cuts come in two types: permanent and temporary. In recent years, Congress has favored temporary tax cuts over permanent ones largely because of how they are reflected in the federal budget. Temporary tax cuts appear to cost less over one, two or three years than permanent tax cuts.

The drawback is that they are temporary. They ultimately expire unless Congress extends them.

That's exactly what happened with the extenders. Nearly all of them expired at the end of 2005. The new law extends them through 2007.

Here's a rundown of the tax incentives that are extended through 2007:

--Deduction for state and local taxes;

--Higher education tuition deduction;

--Work Opportunity and Welfare-to-Work tax credits;

--Teacher's classroom expense deduction;

--Research tax credit;

--Archer Medical Savings Accounts;

--Indian employment tax credit;

--Accelerated depreciation for business property on a Native American reservation;

--15-year recovery period for some leasehold and restaurant improvements;

--Tax incentives for the District of Columbia;

--Brownfields remediation expensing;

--Cover over of tax on distilled spirits;

--Parity in application of mental health benefits; and

--Zone academy bonds.

State and local sales tax deduction

The new law allows taxpayers to deduct either state and local income taxes or state and local sales taxes as an itemized deduction. You have two options. You can calculate your deduction either by saving receipts or using the IRS' Optional State Sales Tax Tables. Be careful, the deduction phases-out for higher-income taxpayers. Even if you think the state and local income tax deduction would be larger, it's worthwhile to calculate both, especially if you may be liable for AMT. Our office can help you with all the calculations.

Teacher's classroom expense deduction

Teachers, aides and other education workers often pay for classroom expenses out of their own funds. The classroom expense deduction permits education workers to deduct some out-of-pocket classroom expenses up to $250. Many classroom purchases qualified for the deduction, such as paper and pens, books, computer software, and so on. However, you cannot take the deduction if your employer reimburses you for the classroom supplies.

Higher education tuition deduction

This deduction is often confused with the deduction for interest paid on a student loan. That's a separate tax break. The higher education tuition deduction is an above-the-line deduction for qualifying tuition and related expenses. However, you cannot deduct housing, transportation, food, insurance, and some other expenses. Taxpayers claiming the higher education tuition deduction also cannot take the HOPE and Lifetime Learning tax credits. Because this deduction has so many rules, it's important that our office carefully review your tax situation.

Welfare-to-Work and Work Opportunity tax credits

These credits are designed to encourage employers to hire economically-disadvantaged individuals. The credits are very similar and are equally complex. Only individuals in "targeted" groups qualify. Wages also cannot exceed certain thresholds. The new law extends them and consolidates them making tax planning very important.

Archer Medical Savings Accounts

If you own a small business, you know that health care costs are a huge drain on profits. Over the years, Congress has tried several "fixes." Archer Medical Savings Accounts were created to help workers save for health care expenses. They weren't very popular and today seem to be eclipsed by Health Savings Accounts. However, every employer is different. Archer Medical Savings Accounts may a good fit for you and your employees. The new law extends them through 2007.

New tax incentives

The Tax Relief and Health Care Act of 2006 creates two new tax breaks that could be very valuable: a temporary refundable credit for certain taxpayers with long-term unused AMT credits who have AMT income from incentive stock options and a new deduction for premiums paid for qualified mortgage insurance. Both of these tax breaks have some very important limitations. Our office can help decipher them for you.

Energy tax breaks

A surprise last-minute addition to the new law was a package of energy tax extenders. The big news here is what was not extended. Congress did not extend the tax break for individuals who make energy-efficiency improvements to their homes, such as energy-efficient windows and doors. Instead, Congress extended energy tax breaks targeted mostly to businesses and authorized more tax credits for research into alternative energy production.

Health Savings Accounts

HSAs are similar to IRAs. Your contributions are deductible and are tax-free if used for qualified health care expenditures. With proper planning, HSAs can be a great asset.

The new law makes HSAs even more attractive by allowing a one-time transfer of IRA savings to an HSA. You can also make a one-time transfer of savings in a health flexible spending account (FSA) or a health reimbursement arrangement (HRA) to an HSA. These are valuable tools if you plan correctly. Give our office a call if you have any questions about HSAs.

Important planning steps

The lateness of the new law makes tax planning very important for these last few weeks of 2006.

Give our office a call. We can schedule an appointment to sit down and discuss the new law in detail. There are a lot more tax breaks than we covered in this short article. Don't miss out on some potentially very valuable tax savings.

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Only 50 percent of the cost of meals is generally deductible. A meal deduction is customarily allowed when the meal is business related and incurred in one of two instances:

(1) while traveling away from home (a circumstance in which business duties require you to be away from the general area of your tax home for longer than an ordinary day's work); and

(2) while entertaining during which a discussion directly related to business takes place.

Entertainment expenses generally do not meet the "directly related test" when the taxpayer is not present at the activity or event. Both your meal and the meal provided to your business guest(s)' is restricted to 50 percent of the cost.

Related expenses, such as taxes, tips, and parking fees must be included in the total expenses before applying the 50-percent reduction. However, allowable deductions for transportation costs to and from a business meal are not reduced.

The 50-percent deduction limitation also applies to meals and entertainment expenses that are reimbursed under an accountable plan to a taxpayer's employees. It doesn't matter if the taxpayer reimburses the employees for 100 percent of the expenses. "Supper money" paid when an employee works late similarly may be tax free to the employee but only one-half may be deducted by the employer. The same principle applies to meals provided at an employees-only business luncheon, dinner, etc.

A special exception to the 50 percent rule applies to workers who are away from home while working under Department of Transportation regulations. For these workers, meals are 75 percent deductible in 2006 and 2007.

When a per diem allowance is paid for lodging, meal, and incidental expenses, the entire amount of the federal meals and incidental expense (M&IE) rate is treated as an expense for food or beverages subject to the percentage limitation on deducting meal and entertainment expenses. When a per diem allowance for lodging, meal, and incidental expenses for a full day of travel is less than the federal per diem rate for the locality of travel, the payer may treat 40 percent of the per diem allowance as the federal M&IE rate.

"Lavish" meals out of proportion to customary business practice are generally not deductible to the extent they are lavish. Generally, meals taken alone whentraveling generally have a lower threshold for lavishness than meals considered an entertainment expense for which a client or other business contact is "wined and dined."

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