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26 U.S.C. § 119Meals or lodging furnished for the convenience of the employer

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 917 words · no verdicts yet

in plain englishAI-generated · not legal advice

Employees don't pay tax on meals or lodging their employer provides for the employer's convenience. Meals must be eaten on the employer's business premises. Lodging must be required as a condition of the job, on the employer's premises.

(a) Meals and lodging furnished to employee, spouse, and dependents, pursuant to employment. An employee doesn't have to count as income the value of meals or lodging that the employer gives to the employee, their spouse, or their dependents, for the employer's convenience — but only if (1) meals are served on the employer's business premises, or (2) the employee is required to accept the lodging on the employer's premises as a condition of the job. (b) Special rules. (1) Whether an employment contract or a state law calls the meals or lodging "compensation" doesn't decide whether they're really for the employer's convenience — that's a separate question. (2) It also doesn't matter, for meals, whether the employer charges for them or whether the employee is free to skip them. (3) Certain fixed charges for meals: (A) if an employee must periodically pay a fixed charge for meals that are furnished for the employer's convenience, that fixed charge amount is excluded from the employee's income; (B) this applies whether the employee pays it from wages or their own money, but only if the employee must pay it whether or not they actually eat the meals. (4) Meals furnished where most employees' meals already qualify: if more than half the employees who get meals on the employer's premises get them for the employer's convenience, then all meals served there count as furnished for the employer's convenience. (c) Employees living in certain camps. (1) If an employer provides lodging in a camp in a foreign country, that camp counts as part of the employer's business premises. (2) A "camp" is lodging that (A) is provided for the employer's convenience because the workplace is in a remote area without decent housing available on the open market, (B) is located as close as practical to the workplace, and (C) is in a private area that isn't open to the public and normally houses 10 or more employees. (d) Lodging furnished by certain educational institutions to employees. (1) An employee of a qualifying educational institution doesn't have to count as income the value of "qualified campus lodging" they're given. (2) Exception in cases of inadequate rent: this exclusion doesn't cover the amount by which the lesser of — 5 percent of the lodging's appraised value, or the average rent other, non-employee renters pay for comparable lodging that year — is more than what the employee actually pays in rent. The appraised value is set as of the end of that calendar year (or, for a rental period of a year or less, at any point during that calendar year). (3) "Qualified campus lodging" means lodging not already covered by subsection (a) that is located on or near the institution's campus and is given to the employee, spouse, or dependents to live in. (4) "Educational institution": (A) means a school described in section 170(b)(1)(A)(ii) (or a state-organized group of such public schools), or an "academic health center"; (B) an "academic health center" is an entity described in section 170(b)(1)(A)(iii) that receives Medicare graduate-medical-education payments under section 1886(d)(5)(B) or (h) of the Social Security Act, and where one main purpose is providing and teaching basic and clinical medical science and research through its own faculty.
the actual law source: uscode.house.gov ↗public domain
(a) Meals and lodging furnished to employee, his spouse, and his dependents, pursuant to employment

There shall be excluded from gross income of an employee the value of any meals or lodging furnished to him, his spouse, or any of his dependents by or on behalf of his employer for the convenience of the employer, but only if—

(1)

in the case of meals, the meals are furnished on the business premises of the employer, or

(2)

in the case of lodging, the employee is required to accept such lodging on the business premises of his employer as a condition of his employment.

(b) Special rules

For purposes of subsection (a)—

(1) Provisions of employment contract or State statute not to be determinative

In determining whether meals or lodging are furnished for the convenience of the employer, the provisions of an employment contract or of a State statute fixing terms of employment shall not be determinative of whether the meals or lodging are intended as compensation.

(2) Certain factors not taken into account with respect to meals

In determining whether meals are furnished for the convenience of the employer, the fact that a charge is made for such meals, and the fact that the employee may accept or decline such meals, shall not be taken into account.

(3) Certain fixed charges for meals
(A) In general

If—

(i)

an employee is required to pay on a periodic basis a fixed charge for his meals, and

(ii)

such meals are furnished by the employer for the convenience of the employer,

there shall be excluded from the employee’s gross income an amount equal to such fixed charge.

(B) Application of subparagraph (A)

Subparagraph (A) shall apply—

(i)

whether the employee pays the fixed charge out of his stated compensation or out of his own funds, and

(ii)

only if the employee is required to make the payment whether he accepts or declines the meals.

(4) Meals furnished to employees on business premises where meals of most employees are otherwise excludable

All meals furnished on the business premises of an employer to such employer’s employees shall be treated as furnished for the convenience of the employer if, without regard to this paragraph, more than half of the employees to whom such meals are furnished on such premises are furnished such meals for the convenience of the employer.

(c) Employees living in certain camps
(1) In general

In the case of an individual who is furnished lodging in a camp located in a foreign country by or on behalf of his employer, such camp shall be considered to be part of the business premises of the employer.

(2) Camp

For purposes of this section, a camp constitutes lodging which is—

(A)

provided by or on behalf of the employer for the convenience of the employer because the place at which such individual renders services is in a remote area where satisfactory housing is not available on the open market,

(B)

located, as near as practicable, in the vicinity of the place at which such individual renders services, and

(C)

furnished in a common area (or enclave) which is not available to the public and which normally accommodates 10 or more employees.

(d) Lodging furnished by certain educational institutions to employees
(1) In general

In the case of an employee of an educational institution, gross income shall not include the value of qualified campus lodging furnished to such employee during the taxable year.

(2) Exception in cases of inadequate rent

Paragraph (1) shall not apply to the extent of the excess of—

(A)

the lesser of—

(i)

5 percent of the appraised value of the qualified campus lodging, or

(ii)

the average of the rentals paid by individuals (other than employees or students of the educational institution) during such calendar year for lodging provided by the educational institution which is comparable to the qualified campus lodging provided to the employee, over

(B)

the rent paid by the employee for the qualified campus lodging during such calendar year.

The appraised value under subparagraph (A)(i) shall be determined as of the close of the calendar year in which the taxable year begins, or, in the case of a rental period not greater than 1 year, at any time during the calendar year in which such period begins.

(3) Qualified campus lodging

For purposes of this subsection, the term “qualified campus lodging” means lodging to which subsection (a) does not apply and which is—

(A)

located on, or in the proximity of, a campus of the educational institution, and

(B)

furnished to the employee, his spouse, and any of his dependents by or on behalf of such institution for use as a residence.

(4) Educational institution, etc.

For purposes of this subsection—

(A) In general

The term “educational institution” means—

(i)

an institution described in section 170(b)(1)(A)(ii) (or an entity organized under State law and composed of public institutions so described), or

(ii)

an academic health center.

(B) Academic health center

For purposes of subparagraph (A), the term “academic health center” means an entity—

(i)

which is described in section 170(b)(1)(A)(iii),

(ii)

which receives (during the calendar year in which the taxable year of the taxpayer begins) payments under subsection (d)(5)(B) or (h) of section 1886 of the Social Security Act (relating to graduate medical education), and

(iii)

which has as one of its principal purposes or functions the providing and teaching of basic and clinical medical science and research with the entity’s own faculty.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 39; Pub. L. 95–427, § 4(a), Oct. 7, 1978, 92 Stat. 997; Pub. L. 95–615, title II, § 205, Nov. 8, 1978, 92 Stat. 3107; Pub. L. 96–222, title I, § 108(a)(1)(G), Apr. 1, 1980, 94 Stat. 225; Pub. L. 97–34, title I, § 113, Aug. 13, 1981, 95 Stat. 195; Pub. L. 99–514, title XI, § 1164(a), Oct. 22, 1986, 100 Stat. 2511; Pub. L. 100–647, title I, § 1011B(d), Nov. 10, 1988, 102 Stat. 3489; Pub. L. 104–188, title I, § 1123(a), Aug. 20, 1996, 110 Stat. 1768; Pub. L. 105–206, title V, § 5002(a), July 22, 1998, 112 Stat. 788.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1978Amended · Pub. L. 95-427 · 92 Stat. 997
  • 1978Amended · Pub. L. 95-615 · 92 Stat. 3107
  • 1980Amended · Pub. L. 96-222 · 94 Stat. 225
  • 1981Amended · Pub. L. 97-34 · 95 Stat. 195
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2511
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3489
  • 1996Amended · Pub. L. 104-188 · 110 Stat. 1768
  • 1998Amended · Pub. L. 105-206 · 112 Stat. 788

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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