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Advisory Committee on Tax Exempt and Government Entities (ACT ...

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PENIRC S 274 Page 3 of 12relati<strong>on</strong>ship to the taxpayer of pers<strong>on</strong>s entertained, using the facility or property, or receiving the gift.The Secretary may by regulati<strong>on</strong>s provide that some or all of the requirements of the precedingsentence shall not apply in the case of an expense which does not exceed an amount prescribedpursuant to such regulati<strong>on</strong>s. This subsecti<strong>on</strong> shall not apply to any qualified n<strong>on</strong>pers<strong>on</strong>al use vehicle(as defined in subsecti<strong>on</strong> (i)).274(e) SPECIFIC EXCEPTIONS TO APPLICATION OF SUBSECTION (a). --Subsecti<strong>on</strong> (a) shallnot apply to --274(e)(1) FOOD AND BEVERAGES FOR EMPLOYEES. --Expenses for food <strong>and</strong> beverages(<strong>and</strong> facilities used in c<strong>on</strong>necti<strong>on</strong> therewith) furnished <strong>on</strong> the business premises of the taxpayerprimarily for his employees.274(e)(2) EXPENSES TREATED AS COMPENSATION. --274(e)(2)(A) IN GENERAL. --Except as provided in subparagraph (B), expenses for goods,services, <strong>and</strong> facilities, to the extent that the expenses are treated by the taxpayer, with respect tothe recipient of the entertainment, amusement, or recreati<strong>on</strong>, as compensati<strong>on</strong> to an employee<strong>on</strong> the taxpayer's return of tax under this chapter <strong>and</strong> as wages to such employee for purposes ofchapter 24 (relating to withholding of income tax at source <strong>on</strong> wages).274(e)(2)(B)SPECIFIED INDIVIDUALS. --274(e)(2)(B)(i)IN GENERAL. --In the case of a recipient who is a specified individual,subparagraph (A) <strong>and</strong> paragraph (9) shall each be applied by substituting "to the extent thatthe expenses do not exceed the amount of the expenses which" for "to the extent that theexpenses".274(e)(2)(B)(ii)SPECIFIED INDIVIDUAL. --For purposes of clause (i), the term "specifiedindividual" means any individual who --274(e)(2)(B)(ii)(l)is subject to the requirements of secti<strong>on</strong> 16(a) of the SecuritiesExchange Act of 1934 with respect to the taxpayer or a related party to the taxpayer, or274(e)(2)(B)(ii)(ll)would be subject to such requirements if the taxpayer (or such relatedparty) were an issuer of equity securities referred to in such secti<strong>on</strong>.For purposes of this clause, a pers<strong>on</strong> is a related party with respect to another pers<strong>on</strong> if suchpers<strong>on</strong> bears a relati<strong>on</strong>ship to such other pers<strong>on</strong> described in secti<strong>on</strong> 267(b) or 707(b).274(e)(3) REIMBURSED EXPENSES. --Expenses paid or incurred by the taxpayer, in c<strong>on</strong>necti<strong>on</strong>with the performance by him of services for another pers<strong>on</strong> (whether or not such other pers<strong>on</strong> is hisemployer), under a reimbursement or other expense allowance arrangement with such otherpers<strong>on</strong>, but this paragraph shall apply --274(e)(3)(A)where the services are performed for an employer, <strong>on</strong>ly if the employer has nottreated such expenses in the manner provided in paragraph (2), or274(e)(3)(B)where the services are performed for a pers<strong>on</strong> other than an employer, <strong>on</strong>ly if thetaxpayer accounts (to the extent provided by subsecti<strong>on</strong> (d)) to such pers<strong>on</strong>.274(e)(4) RECREATIONAL, ETC., EXPENSES FOR EMPLOYEES. --Expenses for recreati<strong>on</strong>al,social, or similar activities (including facilities therefor) primarily for the benefit of employees (other

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