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Treasury Guidance Plan Indicates Focus on Employer-Provided Meals as Audit Activity Continues
Miller & Chevalier Link to more items from this source
Oct. 2, 2014

"[F]ree or discounted meals provided to employees through an employer-operated eating facility are fully excludable from employees' wages ... and fully deductible ... if at least half of the meals provided are excludable under section 119. The trend toward healthier and more expensive dining options has drawn increasing interest from the IRS as this interplay creates the potential for substantial amounts of -- what the IRS alleges is -- additional compensation that is both deductible by the employer and nontaxable to the employees. The appearance of an item on Treasury's most recent Priority Guidance Plan clearly signals the IRS's decision to counter employers' position that free and discounted meals do not constitute additional wages for payroll tax purposes."

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