18 March 1998 Ministerial Letter 9722188 - MEALS AND ENTERTAINMENT AT GOLF CLUBS

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the Department.

Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle du ministère.

MINISTER/DEPUTY MINISTER'S OFFICE 97-05001M
ADM'S OFFICE 97-05114M
RETURN TO 15TH FLOOR, ALBION TOWER 97-05400M

March 18, 1998

XXXXXXXXXX

Dear XXXXXXXXXX:

The Honourable Herb Dhaliwal, Minister of National Revenue, has asked me to respond to your letter of August 6, 1997, concerning tax policies relating to the deductibility of entertainment expenses at golf clubs. Representations on your behalf were also made by XXXXXXXXXX, on August 11 and August 18, 1997.

The Income Tax Act provides several restrictions with respect to the deductibility of expenses in computing income from a business or property. One of those restrictions is found in paragraph 18(1)(l) which concerns the deductibility of expenses in respect of certain recreational properties and club dues. This provision generally provides that, in computing income from a business or property, a taxpayer cannot deduct outlays or expenses for the use or maintenance of a property that is a yacht, camp, lodge or golf course or facility. It also provides that membership fees or dues in a club cannot be deducted if the main purpose of the club is to provide its members with dining, recreational, or sporting facilities. Therefore, green fees or membership fees in a golf club are not deductible.

As for entertainment expenses at golf clubs, although paragraph 4 of Interpretation Bulletin IT-148R3, Recreational Properties and Club Dues, indicates that the cost of meals and beverages consumed at a golf club in conjunction with a game of golf is not deductible, the Department has recently reconsidered its interpretation of this provision.

I am pleased to inform you that the Department now considers that the restriction in subparagraph 18(1)(l), should be interpreted to include only recreational amenities provided by a golf club. Accordingly, this will not include the dining room, banquet halls, conference rooms, beverage rooms or lounges of a golf club and thus 50 per cent of the cost of meals and beverages incurred at a golf club will be allowed as a deduction. As a result, the tax treatment of meals and beverages at a golf club will parallel that of meals and beverages consumed at a restaurant. In administering this new position, the Department will require that meal and beverage expenses incurred at a golf club be clearly itemized.

Any changes to the rules relating to the deductibility of green fees and golf club dues would require an amendment to the Act and a change in tax policy, which fall within the purview of the Department of Finance. In this regard, I note that you have already sent a copy of your letter to the Minister of Finance for consideration.

I hope this information will clarify the Department's position on this matter.

		Yours sincerely,

		Denis Lefebvre
		Assistant Deputy Minister
		Policy and Legislation Branch

B. Kerr
957-2139
March 2, 1998
Finalized March 13, 1998 SD/gt