To further assess if food and drink constitutes the provision of entertainment, the tax office points to the following questions that need to be considered:
– Why is the food and drink provided? – Where provided for the purposes of refreshment, it will generally not be entertainment. Where provided in a social situation, it will generally be entertainment.
– What food and drink is being provided? – The more elaborate the meal, the more likely it will be entertainment.
– When is the food and drink being provided? – If provided during work time, overtime or while travelling, it is less likely to be entertainment as it will usually be for a work-related purposes. However, a social function held during work time will still be entertainment.
– Where is the food and drink provided? – Where provided on the employer’s business premises or at the usual workplace of the employee, it is less likely to be entertainment. Where provided in a function room, hotel, restaurant or consumed with other forms of entertainment, it is likely to be entertainment.
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