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Mia Roberts

Business gifts to an entire office: Does the $25 tax deduction limit apply per person or for the whole gift?

I'm trying to figure out the tax deduction rules for client gifts. If I send a gift basket worth $250 to a client's office with multiple employees, can I deduct $25 per employee or is it just $25 total for the whole basket? For example, if the office has 10 employees who will all share the gift basket, can I deduct the full $250 on my taxes? Or am I still limited to just $25 total regardless of how many people are enjoying the gift? My accountant is out of town and I need to send these gifts next week for a client appreciation event.

The Boss

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The $25 limit applies per recipient per year, not per gift. When you send a gift basket to an office, the IRS generally views the business entity as the recipient, not each individual employee. So unfortunately, you'd only be able to deduct $25 of that $250 basket, regardless of how many people at the office enjoy it. There are a few workarounds though. If you specifically address individual gifts to specific employees (separate gifts for each person), you could potentially deduct up to $25 per person. Or you could consider classifying it as a business entertainment expense or marketing expense depending on the circumstances, which have different rules. Just make sure you keep detailed records of who received what and the business purpose behind the gifts to support your deduction if audited.

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What if the gift basket has individually wrapped items clearly marked for specific employees? Would that count as separate gifts?

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The Boss

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Yes, that approach could potentially work. If you have individually wrapped items clearly addressed to specific employees, you could make a case that these are separate gifts to separate recipients. Documentation is key here. Make sure you have a list of the employees' names, what each received, and the business purpose. Also, remember that the $25 limit is an annual limit per recipient, so if you've already given gifts to any of these individuals earlier in the year, those would count toward the limit as well.

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Here's a creative (and legal) workaround I learned from my accountant: If the gift basket includes food items that are consumed in the office setting as part of a business discussion, you may be able to classify it as a business meal expense rather than a gift. Business meals are currently 50% deductible (or 100% for restaurant-provided meals in 2023), which is much better than the $25 gift limit.

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Would this still work if I'm not physically present when they consume the food? I typically ship gift baskets to out-of-state clients.

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Unfortunately, for it to qualify as a business meal expense, you generally need to be present during the consumption or have it directly connected to a business discussion. For shipped baskets where you're not present, it's harder to justify as a meal expense. For your out-of-state clients, you might consider other approaches like including promotional items with your company logo (which can be deducted as advertising) along with the food items, or sending individual gifts to key decision-makers rather than one large basket for the office.

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Anthony Young

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Don't forget that gift cards and cash equivalents NEVER count as gifts for tax purposes regardless of the amount. They're considered compensation and require different tax treatment. I learned this the hard way after sending $25 Amazon gift cards to each person at a client's office and trying to deduct them as gifts.

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So what happens if you do give gift cards? Do you have to issue 1099s to each recipient or something?

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James Maki

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Yes, gift cards are treated as taxable compensation to the recipients. If you give gift cards to employees of your clients, those individuals would need to report it as income on their tax returns. However, you typically don't need to issue 1099s unless the recipient is someone you have a business relationship with (like a contractor or vendor) and the total payments exceed $600 in a year. For random employees at client offices, the responsibility to report the income falls on them, though many people don't realize this. It's one of the reasons why tangible gifts under $25 are usually much simpler from a tax perspective.

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Diego Vargas

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One thing to consider that hasn't been mentioned yet is timing. The $25 gift deduction limit is per recipient per tax year, not per gift occasion. So if you've already given gifts to any of these client office employees earlier this year (maybe during the holidays or another business event), those previous gifts would count toward the annual $25 limit per person. Also, keep detailed records not just of what you spent, but the business purpose and relationship to each recipient. The IRS can be pretty strict about substantiating business gift deductions during audits, so having documentation that shows these gifts were directly related to your business and intended to generate future income is crucial. For your client appreciation event next week, you might want to consider a hybrid approach - maybe combine some individual items under $25 per key decision-maker with promotional items featuring your company branding for the broader office, which would fall under advertising expenses instead of the gift limitation.

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Ava Martinez

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This is really helpful context about the annual limit! I hadn't thought about previous gifts counting toward the $25 cap. Quick question - when you mention promotional items with company branding falling under advertising expenses, does the branding need to be prominent or would a small logo on the bottom of a gift basket still qualify? I'm wondering if I could add small branded items to my existing gift baskets to potentially change how some of the cost gets categorized.

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