The beneficiary is taxed by the authorities for this benefit.
Currently, the Federal Fiscal Court has ruled that meal allowances must also be reduced for employees without a "primary place of work" if the employer provides them with free meals (BFH ruling of 12.07.2021, VI R 27/19).
The case: A ship's officer receives free meals on board from the employer. In the payroll statements, the employer showed these meals as a tax-free benefit in kind. On "port days", the officer did not always take advantage of the on-board meals provided. On certain days, the crew had to cater for themselves in ports. The officer claimed meal allowances as business expenses for 206 days.
According to the BFH, the officer is only entitled to meal allowances for the days on which the employer did not provide him with meals on port days. For all other days, the deduction is excluded, as breakfast, lunch, and dinner were provided free of charge on those days.