§ 119. Meals or lodging furnished for the convenience of the employer
2,280 words·~10 min read·
/usc/title-26/section-119A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.)
Connections21 cite this · traces to 3
Cited by 21 sections · top 14
statutes-at-large
- Public Law 183
- Public Law 415
- Public Law 403
- Public Law 96–222To make technical corrections related to the Revenue Act of 1978
- Public Law 97–34To amend the Internal Revenue Code of 1954 to encourage economic growth through reduction of the tax rates for individual taxpayers, acceleration of capital cost recovery of investment in plant, equipment, and real property, and incentives for savings, and for other purposes
- Public Law 95–615To change the tax treatment of income earned abroad by United States citizens and residents, and for other purposes
- Public Law 98–21To assure the solvency of the Social Security Trust Funds, to reform the medicare reimbursement of hospitals, to extend the Federal supplemental compensation program, and for other purposes
- Public Law 96–605To make various changes in the tax laws
- Public Law 105–206To amend the Internal Revenue Code of 1986 to restructure and reform the Internal Revenue Service, and for other purposes
- Public Law 104–188To provide tax relief for small businesses, to protect jobs, to create opportunities, to increase the take home pay of workers, to amend the Portal-to-Portal Act of 1947 relating to the payment of wages to employees who use employer owned vehicles, and to amend the Fair Labor Standards Act of 1938 t
- Public Law 95–427To prohibit the issuance of regulations on the taxation of fringe benefits, and for other purposes
Traces to 3 documents
44 references not yet in our index
- Aug. 16, 1954, ch. 736
- 68A Stat. 39
- Pub. L. 95–427, § 4(a)
- 92 Stat. 997
- Pub. L. 95–615, title II, § 205
- 92 Stat. 3107
- Pub. L. 96–222, title I, § 108(a)(1)(G)
- 94 Stat. 225
- Pub. L. 97–34, title I, § 113
- 95 Stat. 195
- Pub. L. 99–514, title XI, § 1164(a)
- 100 Stat. 2511
- Pub. L. 100–647, title I, § 1011B(d)
- 102 Stat. 3489
- Pub. L. 104–188, title I, § 1123(a)
- 110 Stat. 1768
- Pub. L. 105–206, title V, § 5002(a)
- 112 Stat. 788
- Pub. L. 105–206
- Pub. L. 104–188
- Pub. L. 100–647
- Pub. L. 99–514
- Pub. L. 97–34
- Pub. L. 96–222
- section 205 of Pub. L. 95–615
- Pub. L. 95–615
- Pub. L. 95–427
- 112 Stat. 789
- Pub. L. 104–188, title I, § 1123(b)
- section 1019(a) of Pub. L. 100–647
- Pub. L. 99–514, title XI, § 1164(b)
- section 115 of Pub. L. 97–34
- section 108(a)(2)(A) of Pub. L. 96–222
- Pub. L. 95–427, § 4(b)
- 92 Stat. 998
- section 209 of Pub. L. 95–615
- Pub. L. 96–605, title I, § 107(b)
- 94 Stat. 3524
- section 3 of Pub. L. 95–427
- Pub. L. 95–427, § 3
+ 4 more
Citation graph
cites case law
§ 119
Meals or lodging furnished for the convenience of the employer
Stat.×18
U.S.C.×2
IRM×1
ActAug. 16, 1954, ch. 736
Stat.68A Stat. 39
Pub. L.Pub. L. 95–427, § 4(a)
Stat.92 Stat. 997
Pub. L.Pub. L. 95–615, title II, § 205
Cites 47 · showing 8Cited by 21 across 3 sources