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USC Title 26 enacted through 2008

§ 119. Meals or lodging furnished for the convenience of the employer

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 -
in the case of meals, the meals are furnished on the business premises of the employer, or
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.
Special rules
For purposes of subsection (a) -
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.
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.
Certain fixed charges for meals
In general
If -
an employee is required to pay on a periodic basis a fixed charge for his meals, and
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.
Application of subparagraph (A)
Subparagraph (A) shall apply -
whether the employee pays the fixed charge out of his stated compensation or out of his own funds, and
only if the employee is required to make the payment whether he accepts or declines the meals.
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.
Employees living in certain camps
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.
For purposes of this section, a camp constitutes lodging which is -
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,
located, as near as practicable, in the vicinity of the place at which such individual renders services, and
furnished in a common area (or enclave) which is not available to the public and which normally accommodates 10 or more employees.
Lodging furnished by certain educational institutions to employees
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.
Exception in cases of inadequate rent
Paragraph (1) shall not apply to the extent of the excess of -
the lesser of -
5 percent of the appraised value of the qualified campus lodging, or
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
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.
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 -
located on, or in the proximity of, a campus of the educational institution, and
furnished to the employee, his spouse, and any of his dependents by or on behalf of such institution for use as a residence.
Educational institution, etc.
For purposes of this subsection -
In general
The term "educational institution" means -
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
an academic health center.
Academic health center
For purposes of subparagraph (A), the term "academic health center" means an entity -
which is described in section 170(b)(1)(A)(iii),
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
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.

Tax Code (Internal Revenue Code) Section Index

U.S. GAAP by Codification Topic
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold

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Tax Code (Internal Revenue Code) Section Index

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