By: Jay Mittelman
Last Updated on 1/5/2026
From tech giants like Google and Microsoft to small startups, organizations across the US are offering employees fringe benefits, of which a notable benefit is employer-provided meals.
More than just a nice perk, employee meals boost morale, enhance productivity, and strengthen company culture. In fact, according to ezCarter’s annual report, nearly 90% of employees had a more favorable view of their company when provided with food. In addition, 88% of employees considered access to office snacks important, with 65% emphasizing the need for healthy options.

Recognizing this trend, an increasing number of employers are investing in meals for employees. But here’s the catch: The taxability of employer-provided meals depends on Internal Revenue Service (IRS) rules, which impact whether these meal benefits are tax-free or not. The IRS has strict guidelines on when these meals are taxable, and if violated, this can lead to unexpected tax liabilities.
So, how do you keep your team happy while staying on the right side of tax laws? Let’s find out!
These are meals that businesses offer their employees at no cost or at a reduced price. A few common examples include:
Whether employer-provided meals are tax-free or not depends on why and how they’re offered.
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Under Section 119 of the Federal Internal Revenue Code, employee meals can be tax-free if they meet three conditions:
The IRS offers three examples of what counts as a substantial non-compensatory purpose:
In all these cases, the meals provided by the employer are tax-free. In addition, if more than 50% of meals provided at an on-site facility meet IRS criteria for the ‘convenience of the employer,’ then all meals at that facility can be treated as tax-free for employees.
Here’s a real-life example: Boyd Gaming Corp., a casino operator in Nevada, provided meals for employees who were required to stay on the premises during their shifts for security reasons. The court ruled that meals were tax-free since they were necessary for business operations.
Meals provided primarily for employee morale, recruitment, or as part of an employee's compensation are considered taxable income. Employers must include the value of these meals in employees’ W-2 wages. Examples include:
Certain small-value meals may qualify as de minimis fringe benefits under Section 132, such as free coffee, occasional donuts, or holiday meals. Meals provided through an employer-operated eating facility may also qualify as de minimis if:
Important change for 2026: Employers can no longer deduct the cost of most meals provided to employees, even if they qualify as de minimis or for the convenience of the employer. Only meals sold at fair market value or certain industry-specific exceptions may still be deductible.
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A de minimis fringe benefit is a small-value perk that is impractical to track and does not significantly increase an employee’s taxable income. Examples include holiday gifts (other than cash), occasional company outings, and free coffee in the office.
In addition to employer-provided meals, the IRS considers the following as de minimis fringe benefits:
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Through the 2025 tax year, businesses could generally deduct 50% of employee meal expenses if the meals met IRS criteria for the convenience of the employer (including costs for food, delivery fees, tips, and sales taxes).
Starting in 2026, most employer meal deductions will no longer be allowed, even for meals provided for the convenience of the employer or qualifying as de minimis fringe benefits. The only exceptions are meals sold at fair market value or certain narrow industry-specific cases.
Importantly, this change affects employer deductions, not the employee’s taxable income. Meals that meet Section 119 criteria can still be excluded from employees’ wages.
As tax rules evolve, it’s critical for employers to:
Review and update meal policies
Keep clear records documenting why meals are provided
Consult tax professionals to understand any exceptions that may apply
The tax rules surrounding meal expenses will continue to evolve. To ensure compliance, you must stay proactive in reviewing and adjusting your employee meal policies and, at the same time, keep records of why providing meals for employees is necessary.
Note: State tax rules for employer-provided meals may differ from federal guidance. Employers should review state-specific regulations to ensure compliance in addition to federal IRS rules.
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©2026 - Content on this blog is intended to provide helpful, general information. Because laws and regulations evolve, please consult an HR professional or legal expert for guidance specific to your situation.