Income Tax Act 2007

Deductions - Entertainment expenditure

DD 2: Limitation rule

You could also call this:

“Rules for claiming entertainment expenses as tax deductions”

You need to be careful about claiming deductions for certain types of entertainment expenses. There are rules that limit what you can deduct.

These rules apply to spending on corporate boxes, marquees, or other exclusive areas at events or activities away from your business. This includes the cost of tickets and any food and drink you provide there.

The rules also cover holiday homes, time-share apartments, and similar places you might stay for leisure. However, if the accommodation is just a small part of your business activities or job, the rules don’t apply.

If you spend money on yachts or other pleasure craft, including food and drink on board, these rules apply too.

When you provide food and drink away from your business premises, these rules come into play. The same goes for food and drink at parties or receptions on your business premises, or in areas reserved for senior employees.

Remember, ‘expenditure’ doesn’t just mean the money you spend directly. It can include things like depreciation, running costs, maintenance, and even some lease payments. It also covers related costs like hiring dishes, staff, or entertainment for these events.

If you’re unsure about how these rules affect your specific situation, it’s a good idea to ask for help from someone who knows about tax laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1513812.

Topics:
Money and consumer rights > Taxes

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DD 1: Entertainment expenditure generally, or

“Rules for claiming business-related entertainment expenses on your taxes”


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DD 3: When limitation rule does not apply, or

“Exceptions to the limitation rule for certain deductions”

Part D Deductions
Entertainment expenditure

DD 2Limitation rule

  1. The expenditure to which the limitation rule applies is expenditure on the forms of entertainment described in subsections (2) to (6).

  2. The limitation rule—

  3. applies to deductions for expenditure on corporate boxes, corporate marquees or tents, or other exclusive areas, whether temporary or permanent, at—
    1. cultural, sporting, or other recreational events:
      1. activities taking place off the person’s business premises; and
      2. applies to the cost of tickets or other rights of entry to the areas; and
        1. applies to the cost of food and drink incidental to this form of entertainment.
          1. The limitation rule—

          2. applies to deductions for expenditure on accommodation in a holiday home, time-share apartment, or similar leisure venue; and
            1. does not apply to accommodation that is merely incidental to business activities or employment duties; and
              1. applies to the cost of food and drink incidental to this form of entertainment.
                1. The limitation rule—

                2. applies to deductions for expenditure on yachts or other pleasure craft; and
                  1. applies to the cost of food and drink incidental to this form of entertainment.
                    1. The limitation rule applies to deductions for expenditure on food and drink that a person provides off their business premises.

                    2. The limitation rule applies to deductions for expenditure on food and drink that a person provides, other than light refreshments such as a morning tea and whether or not guests are present,—

                    3. on their business premises at a celebration meal, party, reception, or other similar social function:
                      1. in an area of the premises that at the time is reserved for senior employees to use and is not open to all the person’s employees working in the premises.
                        1. Expenditure includes,—

                        2. in subsections (2) to (4),—
                          1. an amount of depreciation loss; and
                            1. expenditure or loss on running costs and maintenance and similar matters; and
                              1. a deduction for a lease premium under section DZ 9 (Premium paid on land leased before 1 April 1993); and
                              2. in subsections (2) to (6), any incidental expenditure on matters such as hireage of crockery, glassware, or utensils, waiting staff, and music or other entertainment provided in association with the specified kind of entertainment.
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