2023-19 Representation, entertainment and amusement expenses for guests

The requisites of deductibility of entertainment, amusement, and recreation expense are the conditions that must be met for these expenses to be considered deductible for tax purposes. These requisites are essential for businesses to claim these expenses as deductions and to avoid any potential issues with the Bureau of Internal Revenue (BIR).

Firstly, the expense must be paid or incurred during the taxable year to be considered deductible. Secondly, the expense must be directly connected or related to the development, management, and operation of the taxpayer's trade, business, or profession. This means that the expense must have a clear business purpose and be necessary for the conduct of the taxpayer's business.

Thirdly, the expense must not be contrary to law, morals, good customs, public policy, or public order. This means that expenses that are illegal, unethical, or immoral in nature are not deductible.

Fourthly, the expense must not be paid to an official or employee of the national or local government, a government-owned or controlled corporation (GOCC), a foreign government, or a private individual or entity, if it constitutes a bribe, kickback, or other similar payment. This is to prevent businesses from deducting expenses that are illegal or unethical.

Fifthly, the expense must be substantiated by adequate proof, such as official receipts, invoices, bills, or statements of accounts in the name of the taxpayer claiming the deduction. This is to ensure that the expenses claimed are legitimate and not fabricated.

Lastly, the appropriate amount of withholding tax, if applicable, should have been withheld and paid to the BIR. This is to ensure that taxes are properly collected and remitted to the government.

In summary, these requisites of deductibility are important for businesses to follow to avoid any potential issues with the BIR and to ensure that they are claiming legitimate deductions. RR 10-2002

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