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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your private ruling

Authorisation Number: 1012337218750

Ruling

Subject: Self education expenses

Question

Are you entitled to a deduction for self education expenses?

Answer

No

This ruling applies for the following period

Year ended 30 June 2012

The scheme commenced on

1 July 2011

Relevant facts

You were employed in a particular profession.

You received a verbal offer of employment in a different field from another employer 2011.

You tendered your resignation at your previous employer on 2011, effective X 2011.

You enrolled in a training course of your own accord, in X and Y 2011.

Your employment commenced with your new employer in 2012.

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.

Taxation Ruling TR 98/9 discusses circumstances in which self-education expenses are allowable as a deduction under section 8-1 of the ITAA 1997. If a taxpayer's current income-earning activities are based on the exercise of a skill or some specific knowledge and the self-education enables the taxpayer to maintain or improve that skill or knowledge, the self-education expenses are allowable as a deduction.

No deduction is allowable for self-education expenses if the study is to enable a taxpayer to get employment, to obtain new employment or to open up a new income-earning activity (whether in business or in the taxpayer's current employment). This includes studies relating to a particular profession, occupation or field of employment in which the taxpayer is not yet engaged. The expenses are incurred at a point too soon to be regarded as incurred in gaining or producing assessable income.

The training course you undertook of your own accord was undertaken to begin a new career. When you completed this course you acquired new and different skills rather than maintaining or improving your existing income earning skills or knowledge.

You undertook study to enable you to open up a new income earning activity. You were not earning assessable income from your new activity at the time you undertook the course. The incurring of the expenses occurred at a point too soon to be deductible. You are therefore not entitled to a deduction for the expenses incurred.


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