Disclaimer
You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private advice

Authorisation Number: 1051564078961

Date of advice: 21 August 2019

Ruling

Subject: Work related expenses- self-education

Question

Are your self-education expenses deductible?

Answer

Yes. Your self-education expenses are deductible as it is accepted the study meets the requirements detailed in Taxation Ruling TR 98/9. Obtaining a loan for all or part of the fees for the course under FEE-HELP does not preclude you from claiming a deduction for the expenses incurred in relation to the course.

Further information about self-education expenses can be found by searching 'QC 31970' on ato.gov.au. You can also refer to ATO ID 2005/26 Income Tax Deductions: self- education - course fees paid from FEE-HELP loan funds.

This ruling applies for the following periods:

Year ending 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are a lawyer employed as a General Counsel and Compliance Officer.

You will stay employed in this role during the ruling period.

You will enrol in a part time Master of Business Administration (MBA) with Melbourne Business School.

You expect to complete the MBA within three years.

You will complete seven core subjects during the first year including:

·         Leadership

·         Social Responsibility and Ethics

·         Data Analysis

·         Financial Accounting

·         Financial Management

·         Managerial Economics and,

·         Managing People.

You will complete two more core subjects which will finalise the first half of the study.

You will then complete the remaining two core subjects, along with seven business related electives.

Your employer supports your desire to continue your professional development through studying an MBA.

Your employer has advised that the MBA will further enhance your skills and knowledge to add greater value and support to the business in your current role. It will also develop your potential to further your career towards a more senior role within the organisation.

You will be using FEE-HELP to pay for the tuition fees.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1

Income Tax Assessment Act 1997 section 26-20