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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1012762268637

Ruling

Subject: Managing tax affairs

Question

Are you entitled to a deduction for the accounting fees incurred?

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 received assessments.

You appointed the services of a tax agent to object to the assessments.

You incurred accounting fees in order to lodge the objection.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 25-5

Reasons for decision

Section 25-5 of the Income Tax Assessment Act 1997 (ITAA 1997) provides that a taxpayer can deduct expenditure they incur to the extent that the expenditure is for managing tax affairs.

Section 25-5 of the ITAA 1997 does not specify what constitutes managing tax affairs. However, it is considered that it includes activities required to prepare income tax returns.

In your case, you incurred accounting fees in order to object to an assessment. It is considered that the expenses are in relation to managing your tax affairs as it is associated with the preparation of your tax return. Therefore, you are entitled to a deduction for the accounting fees incurred.


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