26 USC 119 - Meals or lodging furnished for the convenience of the employer

U.S Code last checked for updates: Nov 22, 2024

§ 119.

Meals or lodging furnished for the convenience of the employer

(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

(2)

Certain factors not taken into account with respect to meals

(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

(c)

Employees living in certain camps

(1)

In general

(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

(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.

(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.)

cite as: 26 USC 119