Taxation Determination

TD 93/195

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

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:

(a)

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)).

(b)

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:

(i)

is provided for sustenance because of the duration, time of day or location of the seminar;

(ii)

is provided immediately before, during or immediately following working sessions of the seminar; and

(iii)

is available to all seminar participants.

(c)

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.

2. The following decision tree is a useful way of establishing the extent to which a registration fee is deductible:

Examples An industry association arranges a series of three seminars for its practising members on current legislative developments. The seminars have been structured as follows:

(The registration fee for Seminar 3 is $40 based on the association's estimated costs of $1000 venue hire, $600 speaker's fee, $400 photocopy and other administration costs and $3000 luncheon costs spread over 100 anticipated registrations - the amount included in each fee for food and drink is therefore $30).Using the decision tree, the deductibility of each registration fee can be summarised as follows:

Satisfy s51(1)	Yes	Yes	Yes
Food & Drink	Yes	Yes	Yes
Entertainment	No	Yes	Yes
Eligible Seminar	Not applicable	Yes	No
Reasonably Incidental	Not applicable	Yes	Not applicable
Allowable	In Full (s51)	In Full (s51AE)	$20 only (s51AE)

Commissioner of Taxation
7/10/93

Previously issued as Draft TD93/D146

References

ATO references:
NO UMG0061

Related Rulings/Determinations:

IT 2675

Subject References:
continuing professional development;
eligible seminar;
entertainment expenses;
reasonably incidental

Legislative References:
ITAA 51(1);
ITAA 51AE