Dated: March
2004
Question
Is
the taxpayer, who derives income from rental properties, entitled
to a deduction for expenses incurred in attending a property investment
seminar?
Answer
Yes.
The taxpayer is entitled to a deduction under section 8-1 of the Income
Tax Assessment Act 1997 (ITAA 1997) for expenses incurred in attending
a property investment seminar to the extent that the expenses relate
to the gaining or producing of assessable income from their rental
properties.
Example
Facts:
Suppose
the taxpayer incurred expenses, including airfares, accommodation
and fees in attending a property investment seminar and workshop.
The taxpayer's sole purpose in traveling was to attend the seminar
and workshop. The seminar focused on investment strategies and techniques
in relation to both commercial and residential properties. The seminar
included such topics as developing investment business plans, strategies
for dealing with financiers, developers and real estate agents, maximising
opportunities for increasing investment property ownership and maximising
the return on current investment properties.
The
seminar was conducted over two days with approximately 20% of the
time spent in providing information about the management of rental
properties and maximizing rental income. The taxpayer intends to use
the information gained about management of rental properties to reduce
expenses incurred in relation to their investment properties.
Decision:
The
proportion of the cost of the seminar that dealt with the management
of current rental properties and maximising the income from those
investments is incidental and relevant to the taxpayer's current income
earning activities and therefore is deductible under section 8-1 of
the ITAA 1997. In establishing this connection, the taxpayer was able
to point to how they intend to reduce their rental expenses as a result
of the information they gained from the seminar.
There
must be a reasonable basis for the apportionment of the total cost
between deductible and non-deductible components. An apportionment
based upon the time spent in the seminar relating to deductible (that
is 20%) and non-deductible expenditure (that is 80%), is a reasonable
basis for apportionment. Accordingly a deduction for 20% of the total
cost in attending the seminar is allowable under subsection 8-1(1)
of the ITAA 1997.