Disclaimer This edited version has been archived due to the length of time since original publication.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: 1051251582729
Date of advice: 14 July 2017
Ruling
Subject: Self-education expenses
Question
Are you entitled to claim the out of pocket course fees related to your study of Graduate Certificate?
Answer
Yes.
Question
Are you entitled to an immediate deduction for the cost of your laptop?
Answer
No.
Question
Are you entitled to a deduction for the decline in value of your laptop?
Answer
Yes.
This ruling applies for the following period:
Year ending 30 June 20YY
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You are an Australian resident for taxation purposes.
You have completed a Graduate Certificate.
You were employed as a manager at a company.
You resigned from this position.
You commenced employment at as the Manager at another company.
You completed and graduated from your studies in mid-20YY whilst employed the second company.
You purchased a laptop during the 20YY financial year to assist with your studies.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 8-1
Income Tax Assessment Act 1997 section 40-25
Income Tax Assessment Act 1997 section 40-30
Income Tax Assessment Act 1997 Division 40
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 the circumstances under which self-education expenses are allowable as a deduction. A deduction is allowable for self-education expenses if a taxpayer's current income earning activities are based on the exercise of a skill or some specific knowledge, and the subject of the self-education enables the taxpayer to maintain or improve that skill or knowledge (Federal Commissioner of Taxation v. Finn (1961) 106 CLR 60, (1961) 12 ATD 348).
In your case there is a direct link between your studies and both your employment positions. Therefore a deduction for your out of pocket expenses relating to the fees you incurred for your study is allowable.
Capital expenses
The cost of your laptop is considered to be a capital expense.
As a laptop is regarded as a capital asset, the purchase cost is capital in nature. Therefore no deduction is allowed under section 8-1 of the ITAA 1997 for the cost of your laptop.
Section 40-25 of the ITAA 1997 allows a deduction for the decline in value (depreciation) of a depreciating asset you hold, to the extent the asset is used for a taxable purpose. A depreciating asset is defined in section 40-30 of the ITAA 1997 to be an asset that has a limited effective life and can reasonably be expected to decline in value over the time it is used.
A laptop is a depreciating asset for Division 40 of the ITAA 1997 purposes.
A deduction for the decline in value is an allowable deduction where it is used for income producing purposes. As the laptop is used for private purposes as well, the depreciation amount needs to be apportioned accordingly.
The Commissioner has issued Taxation Ruling TR 2017/2 Income tax: effective life of depreciating assets which lists the effective life of a laptop as being 2 years.
For further details on how to calculate your allowable depreciation deduction, please see the Australian Tax Office’s Guide to depreciating assets which is available on the website ato.gov.au.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).