- 16 - unless specifically excluded as a de minimis fringe benefit.11 The temporary regulations provide: Thus, except as otherwise provided in this section, the provision of any cash fringe benefit (or any fringe benefit provided to an employee through the use of a charge or credit card) is not excludable as a de minimis fringe. For example, the provision of cash to an employee for personal entertainment is not excludable as a de minimis fringe. [Sec. 1.132-6T(c), Temporary Income Tax Regs., supra.] The allowance of a deduction for day trip allowances would not undercut the strict substantiation requirements of section 274(d). Section 274 generally disallows certain entertainment, gift, and travel expenses. In the case of allowances paid to cover expenses incurred during travel, section 274 applies only if the amount is otherwise deductible as a “travel” expense. Thus, section 1.274-1, Income Tax Regs., provides that “If a deduction is claimed for an expenditure for entertainment, gifts, or travel, the taxpayer must first establish that it is otherwise allowable as a deduction under chapter 1 of the Code before the provisions of section 274 become applicable.”12 Since any meal 11Logic dictates that in order for meal money to be excluded from gross income as a “de minimis fringe benefit”, meal money provided to employees must be a “fringe benefit”. 12See sec. 1.274-5(e), Income Tax Regs. (the term “business expenses” includes ordinary and necessary expenses for travel, but does not include personal expenses, and advances, reimbursements, or allowances for personal expenses must be reported as income by the employee); sec. 1.274-5T(f)(1), Temporary Income Tax Regs., 50 Fed. Reg. 46027-46028 (Nov. 6, (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011