ATO Interpretative Decision
ATO ID 2001/544 (Withdrawn)
Income Tax
Travel expenses - meatworker - transporting knives between home and workFOI status: may be released
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This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is the taxpayer, a meatworker, entitled to claim a deduction under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for expenses incurred in transporting knives between home and work?
Decision
No, the taxpayer, a meatworker, is not entitled to claim a deduction under section 8-1 of the ITAA 1997 for expenses incurred in transporting knives between home and work.
Facts
The taxpayer is a meatworker who is required to use knives in the course of employment.
The taxpayer must take the knives home at the end of each shift to avoid cross contamination.
It is illegal to carry knives on public transport and so the taxpayer uses his private motor vehicle to travel between home and work.
Reasons for Decision
Section 8-1 of the ITAA 1997 allows a deduction for all losses and outgoings to the extent to which they are incurred in gaining or producing assessable income except where the outgoings are of a capital, private or domestic nature.
Expenses of travelling from home to work are generally not deductible (Lunney & Hayley v. Federal Commissioner of Taxation (1958) 100 CLR 478), as the expenses are not incurred in the course of gaining assessable income. Rather, the expenses are incurred to enable the taxpayer to commence income earning activities. The travel expenses are generally considered to be private in nature.
However, a deduction may be allowable if the transport costs can be attributed to the transportation of bulky equipment ( FC of T v. Vogt 75 ATC 4073; 5 ATR 274).
Taxation Ruling TR 95/11, which relates to hospitality industry employees, provides the example of a chef who takes their knives home at the end of each day. The chef is not considered to be transporting bulky equipment and is therefore not entitled to a deduction.
Similarly, the taxpayer's knives are not considered to be bulky. Accordingly, the taxpayer is not entitled to claim expenditure incurred in transporting knives to work under section 8-1 of the ITAA 1997. The illegality of carrying knives on public transport, consequently requiring the taxpayer to transport them in a private motor vehicle, is not a relevant consideration in determining the deductibility of the expenses (Case L49 79 ATC 339; (1979) 23 CTBR (NS) 467).
Date of decision: 29 October 2001
Legislative References:
Income Tax Assessment Act 1997
section 8-1
Case References:
Lunney & Hayley v. Federal Commissioner of Taxation
100 CLR 478
75 ATC 4073
5 ATR 274 Case L49
79 ATC 339
(1979) 23 CTBR (NS) 467
Related Public Rulings (including Determinations)
TR 95/11
Keywords
Home to work travel expenses
ISSN: 1445-2782
| Date: | Version: | |
| 29 October 2001 | Original statement | |
| You are here | 11 November 2005 | Archived |