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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

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 your private ruling

Authorisation Number: 1012323881947

Ruling

Subject: Travel expenses

Question:

Are you entitled to a deduction for travel expenses?

Answer:

Yes.

This ruling applies for the following periods:

Year ended 30 June 2012

The scheme commences on:

1 July 2011

Relevant facts and circumstances

You travelled to attend an event.

At the event you were representing your employer and were responsible for and in charge of several other fellow employees who were also attending the event.

At the event you undertook duties that you also perform as part of your normal duties.

You were granted miscellaneous leave to attend the event.

Your employer considers that you were on duty when you attended the event.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1

Reasons for decision

Section 8-1 of the Income Tax Assessment Act 1997 (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, or relate to the earning of exempt income.

A deduction is allowable for the costs incurred by an employee in undertaking work-related travel. An example is where an employee attends a seminar interstate. Travel expenses include the costs of accommodation, fares, meals and incidentals. 

While attending the event you were representing your employer. You were on duty and in command of all staff in attendance. You were granted miscellaneous leave to attend the event.

As you were on duty, participating as an official representative and the activities you were undertaking at the event are part of your normal income earning activities, you are considered to have been undertaking work-related travel. Therefore, you are entitled to a deduction for the travel expenses you incurred.


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