The regulations allow supper money as an excludable fringe benefit when the benefit satisfies the following four conditions:
- You provide the benefit only occasionally.
- You pay no more than a reasonable amount.
- The meal enables you or the employee to work overtime.
- You do not calculate the benefit based on the number of hours worked. For example, a $20 allowance per hour of overtime is a no-no. You can’t do that. The way to provide the benefit is to give a discretionary meal allowance, such as $56.
If the payment of supper money does not meet the four rules, it is taxable compensation to the recipient, and if that’s an employee, the money is subject to withholding and payroll taxes.
Corporate owners and the self-employed qualify for the supper money allowance under the four rules explained above. The law does not discriminate. It makes supper money available to all who work in the business.