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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Business entertainment expenses are to be accounted for as operating expenses when incurred in conjunction with sales or marketing related activities. Sales or marketing related activities are those that emphasize a carrier's ability to provide efficient, timely and competitive service. These activities include outlays designed to promote new business as well as outlays incurred in maintaining existing business. The entertainment expenditures must be reasonable in relation to the business conducted and the business purpose for the entertainment must be adequately supported. Examples of this type of activity include the following:
(1) Salespersons' salaries and travel expenses, advertising, promotional and educational material;
(2) The conduct of shipper symposiums, conferences, meetings and traffic related functions;
(3) The use of direct mail solicitations and the publication and distribution of routing guides and service directories;
(4) Incidental promotional materials such as road atlases, calendars, pens, scratchpads, and other materials of nominal value;
(5) The conduct of business oriented lunches and dinners, public affairs programming, conferences and customer service calls;
(6) Sponsoring sales promotion functions, involving a number of customers or potential customers.
It must be noted that an activity listed above is not to be automatically accounted for as an operating expense. A carrier must be able to justify that an activity was primarily sales or marketing related.
(b) Business entertainment expenses are to be accounted for as non-operating expenses when they cannot be shown to be related to the sales or marketing activity. These are expenses that are primarily related to recreation or to the convenience and comfort of the individuals rather than to the transaction of business. Examples of this type of activity include the following:
(1) Recreational or resort entertainment, including but not limited to, fishing, hunting, tennis, golfing, skiing or other sporting or recreational trips or outings;
(2) Expense paid transportation in any carrier owned, leased or furnished vehicles, planes, helicopters, boats, yachts, or other methods;
(3) Expense paid lodging in any carrier owned, leased or furnished motels, hotels, apartments, condominiums, lodges, rooms and other places of overnight accommodation;
(4) Paid admission to any sporting, cultural, educational, recreational, or entertaining occurrence or event;
(5) Gifts such as athletic equipment, food or liquor, beverages of all types, smoking materials, clothing and personal accessories;
(6) The furnishing of lunches, dinners, appetizers or beverages where there is no true business purpose;
(7) Social occasions such as holiday parties.
It must be noted that an activity listed above is not to be automatically accounted for as a non-operating expense. If a carrier can justify that the activity was primarily sales or marketing related, it may be accounted for as an operating expense.
Note: The examples listed above are not inclusive, but are intended as a guide to give carriers an indication of what will or will not be permitted to be recovered through the rate structure. In all instances the burden of proof will fall on the carrier involved.
Cite this article: FindLaw.com - Code of Federal Regulations Title 49. Transportation 49 CFR § 1201.1-16 1–16 [1201.1–16] Business entertainment expenses - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-49-transportation/cfr-sect-49-1201-1-16/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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