Income tax: to what extent is a registration fee for a Continuing Professional Development (CPD) seminar deductible if a part of the fee represents the cost of food and drink to be provided as part of the seminar?
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FOI status:may be releasedFOI number: I 1216274
|This Determination, to the extent that it is capable of being a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953 , is a public ruling for the purposes of that Part. Taxation Ruling TR 92/1 explains when a Determination is a public ruling and how it is binding on the Commissioner. Unless otherwise stated, this Determination applies to years commencing both before and after its date of issue. However, this Determination does not apply to taxpayers to the extent that it conflicts with the terms of a settlement of a dispute agreed to before the date of issue of the Determination (see paragraphs 21 and 22 of Taxation Ruling TR 92/20).|
1. If the registration fee is otherwise deductible under subsection 51(1) of the Income Tax Assessment Act 1936, other than as deductible travel, the extent to which the fee is deductible, according to the terms of section 51AE, is:
- if the food and drink does not amount to entertainment, the registration fee is deductible in full (see Taxation Ruling IT 2675 for an explanation of the meaning of the expression, 'entertainment by way of food and drink', which appears in subsection 51AE(3)).
- if the food and drink does amount to entertainment but the CPD seminar is an 'eligible seminar', the registration fee is deductible in full provided the food and drink was 'reasonably incidental' to a participant's attendance at the seminar (subparagraph 51AE(5)(f)(iv)). 'Eligible seminar' is defined in subsection 51AE(1) but 'reasonably incidental' is not defined. Food and drink is reasonably incidental to a CPD seminar if it:
- is provided for sustenance because of the duration, time of day or location of the seminar;
- is provided immediately before, during or immediately following working sessions of the seminar; and
- is available to all seminar participants.
- if the food and drink does amount to entertainment but the CPD seminar is not an eligible seminar, the registration fee is deductible only to the extent that it does not represent a cost of food and drink. The level at which a registration fee is set is generally determined, at least in part, by the estimated costs of the organiser including the cost of food and drink to be provided. The amount of the registration fee to be disallowed is that amount included in the fee in respect of the food and drink. It is not necessary for a participant to actually consume any food or drink for the fee to be apportioned. It is simply enough that the fee includes an amount in respect of food and drink.
|Does registration fee satisfy s51(1)?||No||No part of fee deductible.|
|Does some part of registration fee represent cost of food and drink?||No||Fee fully deductible (s51(1))|
|Does food and drink amount to entertainment?||No||Fee fully deductible (s51(1)).|
|Is seminar an eligible seminar?||No||Fee deductible in part only (s.51AE)|
|Is food and drink reasonably incidental to seminar?||No||Fee deductible in part only (s.51AE)|
|Fee fully deductible (s51AE)|
An industry association arranges a series of three seminars for its practising members on current legislative developments. The seminars have been structured as follows:
15 minutes at 3pm
1 hour at 6pm
1 hour at 1pm
Tea & Coffee
3 course meal
2 course meal
Food & Drink
In Full (s51)
In Full (s51AE)
$20 only (s51AE)
Commissioner of Taxation
continuing professional development;