Agents fees and commissions
You can claim a deduction for fees and commissions paid to your agent. If your employment contract allows you to renegotiate, review or extend the contract, the costs of doing so will be an allowable deduction. These are expenses you incur in gaining your employment income.
If you pay your agency a commission for work you've gained, you can claim a deduction for the amount you incur. To claim a deduction, you must either pay the commission to the agency separately or the agency must deduct the commission from the fee you receive.
You can't claim a deduction for upfront or joining fees paid to an agent or for the cost of engaging an agent to negotiate the terms and conditions of a new contract. This is because you incur the expenses before you start the employment.
Example: agent fees
Zahra is an actress and joins an acting agency to help further her career. She pays a setup fee as part of joining the agency. Zahra is offered a contract to be one of the leads in a TV series for one year with a mutual option to extend the contract. The show turns out to be a large success and her agency negotiates to extend the contract for another year.
Zahra can't claim the costs of joining the agency as it enables her to get work. She can claim the costs to renegotiate her contract as it is part of her employment activity.
End of example
Example: agent commission
Kate is a singer. Kate's agent gets her employment for a week at a nightclub. Her total pay for the week is $2,400. Kate must pay her agent a commission of 10% ($240).
Kate must include $2,400 as income in her return. Kate can also claim a deduction of $240 for the commission she pays to her agent.
If the nightclub directly pays Kate $2,400 and pays her agent the commission of $240, Kate wouldn't be able to claim a deduction for the commission. This is because Kate has not incurred the expense.
End of exampleAudition expenses
You can't claim a deduction for the cost of preparing for or attending auditions, as you incur these expenses in getting work rather than doing work.
Example: transport to audition
Rajeeta is a musician. Rajeeta's current employment contract is coming to an end so she has been auditioning for a new contract.
Rajeeta takes public transport to 4 auditions before signing a new employment contract with an orchestra.
Rajeeta can't claim a deduction for the public transport expenses she incurs to travel to and from the auditions. This is because the expenses are incurred to get Rajeeta work. They aren't incurred in the course of performing Rajeeta's current employment duties.
End of example
Car expenses
You can't claim a car expenses deduction for normal trips between your home and regular place of work. These are private expenses, even if you:
- live a long way from your usual or regular workplace
- must work outside normal business hours (for example, on the weekend or late in the evening).
Example: home to work travel
Billy is employed as a dancer at a club. He works from Wednesday to Sunday and starts his shift early in the evening. When Billy finishes his shift, there is no public transport available for him to catch home.
Billy drives his car to and from his home to the club on each of the days he works.
Billy can't claim a deduction for the car expenses he incurs when he drives between his home and the club because they are private. It doesn't matter that Billy is unable to catch public transport because of the time he finishes work.
The expenses aren't incurred in the course of performing his duties as a dancer. The expenses are incurred to put Billy in the position to earn income.
End of exampleIn limited circumstances, you can claim the cost of trips between home and work, such as where you carry bulky tools or equipment for work or where you had shifting places of employment.
To be able to claim a deduction for the cost of trips between home and work while carrying bulky tools or equipment, all the following conditions must be met:
- the tools or equipment are essential to perform your employment duties
- the tools or equipment are bulky, meaning that
- because of the size and weight, they are awkward to transport
- they can only be transported conveniently using a motor vehicle
- there is no secure storage for such items at the workplace.
It will not be sufficient if you transport the tools or equipment merely as a matter of choice. For example, if your employer provides secure storage, your decision to transport items home will be a matter of choice.
You have shifting places of work where you have no fixed place of work and you continually travel from one work site to another before returning home.
Example: transporting equipment
Andre is a street performer and as part of his act he needs several items of equipment that are large and heavy. His employer doesn't supply a secure area at his workplace for his performance equipment, so he must transport his equipment between his home and work every day.
Andre can claim a deduction for the expenses he incurs to transport his equipment between his home and work because:
- there is no secure place to store his equipment at his workplace
- the equipment is bulky and because of its size and weight, it can only be conveniently transported using Andre's car
- the equipment is essential to Andre's performance.
Example: storage is available
Jocelyn is a theatre director, and she requires large and bulky equipment to perform her role. Her employer provides a secure storage area to store her equipment. However, Jocelyn chooses to transport her equipment between home and work every day, instead of leaving them in the secure storage room provided.
Jocelyn can't claim a deduction for transporting her equipment between home and work as she has made a personal choice to transport her equipment. Her work has not created a practical need to transport bulky tools between home and work. Therefore, it is a private expense.
End of exampleYou can also claim a deduction for the cost of using your car when you drive:
- directly between separate jobs on the same day (provided neither of the workplaces is your home) – for example, from your rehearsal for a musical production directly to your second job as a dance teacher
- to and from an alternative workplace for the same employer on the same day – for example, travelling from a costume fitting directly to the commercial shoot.
- from home directly to an alternative workplace – for example, travelling from home to meet a producer at their business premises which is not your regular work location.
To claim a deduction, you must keep records of your car use. You can choose between the logbook method or the cents per kilometre method to work out your deduction if you:
- own the car
- lease the car (directly from the finance company)
- hire the car under a purchase agreement (with the car dealership or a finance company).
You don't own, lease or hire a car you use under a salary sacrifice or novated lease arrangement. This is because it's usually your employer leasing the car from the financing company and making it available for your use. You can't claim a deduction for car expenses but you can claim additional work-related expenses you incur that are associated with your work use of the car such as parking and tolls.
If you use the logbook method, you need to keep a valid logbook to help you work out the percentage of work-related use along with written evidence of your car expenses.
If you use the cents per kilometre method, you can claim a set rate for each work-related kilometre travelled. The maximum number of kilometres you can claim under this method is 5,000. You must be able to show how you work out your kilometres and that they were work-related.
To claim a deduction in your tax return, include the amount of your claim at Work-related car expenses. The Work-related car expenses calculator can help you work out the amount you can claim as a deduction.
If you claim a deduction for your work-related car expenses using one of the above methods, you can’t claim any further deductions in the same tax return for the same car. For example, petrol, servicing, decline in value, and insurance costs. You must use the same method for all claims for the same car, even if the claims are for a different employment or business use.
You can’t use the cents per kilometre or logbook methods to work out your claim for a:
- motorcycle or similar vehicle
- vehicle with a carrying capacity of one tonne or more (such as a ute)
- vehicle that can transport 9 passengers (including the driver) or more (such as a minibus).
For these vehicles, you can claim the actual expenses you incur for your work-related travel. This includes costs such as fuel, oil, insurance, and loan interest along with the decline in value of the vehicle. You must keep receipts for all your expenses and records to show your work-related use of the vehicle. Although you are not required to keep a logbook, it is the easiest way to calculate your work-related use of the vehicle.
To claim a deduction for actual expenses you incur for a vehicle not defined as a car, include the amount at Work-related travel expenses.
Child care, school fees and other education expenses
You can't claim a deduction for the cost of child care (including school holidays and before and after school care) when you're working. It's a private expense, and the expenses have no direct connection to earning your income.
You can't claim a deduction for the cost of educating your children (or any other students) including school fees, university fees and TAFE fees. You also can't claim other expenses you incur for your children's education, for example, the decline in value of iPads, laptops or desks, calculators, notebooks and pens. These are private expenses that are not connected with earning your employment income.
Example: home schooling expenses
Wanda is employed as an actress and she often has to travel for her employment. So that Wanda's children can travel with her, she home schools them.
Wanda buys teaching resources and a laptop, notebooks, pens and a calculator for each of her children.
Wanda can't claim a deduction for any of these expenses. They are private expenses that are not connected to earning her income as an actress.
End of exampleClothing and uniform expenses (including footwear)
With a few exceptions, clothing can't be deducted as a work-related expense.
Generally, you can't claim conventional clothing (including footwear) as a work-related expense, even if your employer requires you to wear it and you only wear these items of clothing at work.
'Conventional clothing' is everyday clothing worn by people regardless of their occupation – for example, black pants worn by a stage manager or gym clothes worn by employee performing artists.
Example: conventional clothing
Benjamin is a member of an orchestra. He must wear a white dress shirt, black tie, black trousers and black shoes when performing.
Benjamin can't claim the cost of buying these items, even though his employer requires him to wear a specific colour. They are not distinctive enough to make them part of a uniform and are still considered conventional clothes.
End of example
You can claim a deduction for the cost of buying or hiring costumes, for example, a clown costume. You may also be able to claim a deduction for the cost of conventional clothing bought or hired as a costume for a particular role.
Example: costume
Anna is a burlesque dancer and is required to buy and wear a costume with specific shoes when performing. Her employer doesn't reimburse her for any of these expenses.
Anna can claim the cost of buying the costume and shoes as the expenses are directly related to Anna's employment activities.
End of example
Example: conventional clothing
Cameron is a professional actor who buys clothing to wear on stage as a costume in a particular production. The clothing Cameron buys is conventional, but he only wears it as a costume when he is performing in the production. It also isn't the type of clothing that Cameron normally wears.
Cameron can claim a deduction for the clothing he buys. Even though the clothing Cameron buys to play the part is conventional clothing, it is directly related to performing his employment activities.
If Cameron buys a range of conventional clothing which he might use as costumes, he wouldn't be entitled to claim a deduction for the cost of those clothes. He also couldn't claim a deduction if he used some of his own conventional clothing for a role. In these circumstances, the expenses are not directly related to his employment activities and are private in nature.
End of exampleYou can claim a deduction for costs you incur to buy, hire, repair or replace clothing, uniforms and footwear you wear at work if it's in one of the following categories:
- protective clothing – clothing that has protective features or functions that you wear to protect you from specific risks of injury or illness at work. For example, cleaning aprons, non-slip shoes or smocks worn to stop you coming into contact with harmful substance. Conventional clothes you wear at work are not regarded as protective clothing if they lack protective qualities designed for the risks of your work. This includes jeans, drill shirts, shorts, trousers, socks, closed shoes.
- occupation specific – clothing that distinctly identifies you as a person associated with a particular profession, trade or occupation. For example, a judge's robes or a chef's chequered pants. Items traditionally worn in a profession are not occupation-specific where the clothing is worn by multiple professions.
- a compulsory uniform – clothing that your employer strictly and consistently enforces you wear by workplace agreement or policy and distinctly identifies either
- you as an employee working for a particular employer
- the products or services your employer provides
- a non-compulsory uniform – a uniform that is not compulsory to wear and that your employer registers on the Register of Approved Occupational Clothing.
You can’t claim a deduction if your employer buys, repairs or replaces your clothing.
Coaching classes
You can claim a deduction for the cost of training to maintain existing skills or to acquire or improve related skills. For example, singing, acting or dancing lessons.
You can also claim a deduction for the cost of acquiring special skills required for a particular role.
Example: classes taken for a role
Geoff is an employee actor who obtains a part that requires him to act as a professional tennis player. Geoff takes tennis lessons from a professional tennis coach to look proficient when playing the scenes.
Geoff can claim a deduction for the cost of the tennis lessons.
End of exampleDrivers licence
You can't claim a deduction for the cost to get or renew your drivers licence, even if you must have it as a condition of employment. This is a private expense.
You can claim a deduction for additional costs you incur to get a special licence or condition on your licence to perform your work duties. For example, the cost you incur to get a heavy vehicle permit.
You can't claim a deduction if your employer pays for or reimburses you for the cost to obtain a special license or condition.
Example: special licence
Sanjay is a stunt double. Having a valid driver's licence is a condition of Sanjay's employment as stunt double. For a particular movie, Sanjay needs to be filmed driving a big rig at high speeds, so he applies for a heavy vehicle permit.
Sanjay can claim a deduction for the cost of getting his heavy vehicle permit.
Sanjay can't claim a deduction for the cost of renewing his driver's licence each year.
End of exampleEntertainment and social functions
You can't claim a deduction for the cost of any entertainment, fundraising or social functions. This applies even if they are compulsory or you discuss work matters at the event.
Entertainment and social functions include the cost of:
- work breakfasts, lunches or dinners
- attendance at sporting events as a spectator
- gala or social nights
- concerts or dances
- cocktail parties
- other similar types of functions or events.
These are private expenses because these events do not have a direct connection to your income-producing activities.
You also can’t claim the cost of travelling to and from functions.
Example: entertainment costs
Rachael is a dancer and attends a social breakfast organised by a theatre company. These breakfasts are held every other month to encourage performing artists within the region to network.
Rachael can't claim a deduction for the cost of attending the breakfast, as these events do not have a direct connection to her income-producing activities as a dancer.
End of exampleFines and penalties
You can't claim a deduction for any fines or penalties whether they are incurred in connection with work, or for any other reason. Fines may include parking and speeding fines or penalties.
First aid courses
You can claim a deduction for the cost of first aid training courses if you are both:
- a designated first aid person
- need to complete a first aid training course to assist in emergency work situations.
You can’t claim a deduction if your employer pays for or reimburses you for the cost of the course.
Fitness expenses
You generally can’t claim gym and fitness expenses (such as skipping ropes, weights and other fitness equipment) as they are private expenses. This is the case even if you need to pass medical examinations and fitness tests to maintain your employment for your role.
You can claim a deduction in very limited circumstances. This will be the case where your role requires you to both:
- maintain an extremely high level of fitness well above the general occupation standard
- perform ongoing strenuous physical activities as an essential and regular part of your role.
For example, trapeze artists or tumblers working in a circus.
You can’t in any circumstances claim a deduction for expenses you incur to buy conventional clothing you use in the course of keeping fit. This includes tracksuits, running or aerobic shoes, socks, sporting shirts or shorts. These are private expenses.
Example: deductible fitness expenses
Nola is a trapeze artist and tumbler with a circus. She has a gym membership and takes regular pilates and yoga classes. Nola's role requires her to train and rehearse with her company to develop new trapeze and tumbling routines and perform 6 nights a week.
Nola can claim her fitness costs. Her job is to rehearse and perform trapeze and tumbling acts for the circus which is a strenuous physical activity that is an essential and regular part of her duties. Maintaining an extremely high level of physical fitness is essential to her job.
End of example
Example: deductible expense and private expense
Octavia is a professional ballerina and must maintain an extremely high level of fitness. To maintain her fitness, she buys a gym membership, gym clothing and trains daily. Octavia also rehearses with her company to develop new performances. Her job requires her to perform in theatres Thursday to Sunday most weeks.
Octavia can claim a deduction for her gym membership. Her job requires her to rehearse and perform regularly which is a strenuous physical activity that is an essential and regular part of her duties.
Octavia can't claim a deduction for her gym clothes, as they are conventional clothing. The expenses are private in nature.
End of example
Example: private fitness expense
Alyce works as a choreographer. Alyce has a membership at a private gym and goes there 3 times a week to maintain her fitness.
Alyce can't claim the cost of gym fees as this is a private expense. While Alyce needs to keep a level of fitness for her employment, her role doesn't require ongoing strenuous physical activity as part of the performance of her duties.
End of exampleFor more performing artists expenses, see: