With Thanksgiving behind us, the holiday season is in full
swing. At this time of year, your business may want to show its gratitude to
employees and customers by giving them gifts or hosting holiday parties. It’s a
good idea to understand the tax rules associated with these expenses. Are they
tax deductible by your business and is the value taxable to the recipients?
Customer and client gifts
If you make gifts to customers and clients, the gifts are
deductible up to $25 per recipient per year. For purposes of the $25 limit, you
don’t need to include “incidental” costs that don’t substantially add to the gift’s
value, such as engraving, gift wrapping, packaging or shipping. Also excluded
from the $25 limit is branded marketing collateral — such as small items
imprinted with your company’s name and logo — provided they’re widely
distributed and cost less than $4.
The $25 limit is for gifts to individuals. There’s no set limit
on gifts to a company (for example, a gift basket for all team members of a
customer to share) as long as they’re “reasonable.”
Employee gifts
In general, anything of value that you transfer to an employee
is included in his or her taxable income (and, therefore, subject to income and
payroll taxes) and deductible by your business. But there’s an exception for
noncash gifts that constitute a “de minimis” fringe benefit.
These are items small in value and given infrequently that are
administratively impracticable to account for. Common examples include holiday
turkeys or hams, gift baskets, occasional sports or theater tickets (but not
season tickets), and other low-cost merchandise.
De minimis fringe benefits aren’t included in your employee’s
taxable income yet they’re still deductible by your business. Unlike gifts to
customers, there’s no specific dollar threshold for de minimis gifts. However,
many businesses use an informal cutoff of $75.
Important: Cash
gifts — as well as cash equivalents, such as gift cards — are included in an
employee’s income and subject to payroll tax withholding regardless of how
small and infrequent.
Throwing a holiday party
Under the Tax Cuts and Jobs Act, certain deductions for
business-related meals were reduced and the deduction for business
entertainment was eliminated. However, there’s an exception for certain
recreational activities, including holiday parties.
Holiday parties are fully
deductible (and excludible from recipients’ income) so long as they’re
primarily for the benefit of non-highly-compensated employees and their
families. If customers, and others also attend, holiday parties may be
partially deductible.
Spread good cheer
Contact us if you have questions about giving holiday gifts to
employees or customers or throwing a holiday party. We can explain the tax
rules.
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