Edited version of your written advice

Authorisation Number: 1051267995216

Date of advice: 16 August 2017

Ruling

Subject: Self Education expenses

Question 1

Are you entitled to a deduction of self-education expenses for the costs you incurred to undertake a diploma of Nursing?

Answer

No.

This ruling applies for the following periods:

Year ended 30 June 2017

The scheme commences on:

1 July 2016

Relevant facts and circumstances

You are employed on a casual contract basis, of up to XX hours per week, as an assistant in nursing.

The duties of your current position include;

1. Perform personal care for patients under the guidance and direction of Registered and Enrolled Nurses, that the patient cannot perform for themselves including but not limited to:

a. Daily hygiene: (cleaning teeth, shampooing, shaving, make-up, nail care etc)

b. Dressing within the scope of training (non-sterile dressings)

c. Apply patients’ splints as required

d. Assist patients with feeding

e. Assisting with Mobility; including transferring, hoisting, re-positioning in bed and wheelchair care (cushioning, recharging and cleaning)

f. Assisting patients with toileting, including; applying external urinary drainage devices, emptying leg-bag, tap and express procedure, maintaining urinary drainage systems, also stimulating bowel function, manual removal of faeces (when certified competent)

g. Assist with Pressure Area Care, including applying emollient creams, applying protective dressings and other pressure care management strategies

h. Assisting patients to self-medicate (as per the policy)

2. Report any changes in the patient’s health or behaviour to the Registered Nurse.

You enrolled in a Diploma of Nursing in Enrolled Nursing

The units and topics covered in the diploma include:

● confirm physical health status,

● comply with infection control policies and procedures,

● contribute to the WHS process

● apply effective communication skills in nursing practice,

● apply legal and ethical parameters to nursing practice,

● implement and monitor nursing care for older clients,

● apply principles of wound management in the clinical environment

● implement and monitor nursing care for consumers with mental health conditions

● work in the nursing profession,

● implement and monitor nursing care for clients with acute health problems,

● implement and monitor nursing care for clients with chronic health problems

● contribute to client assessment and developing nursing care plans,

● apply understanding of the Australian health care system,

● work effectively with culturally diverse clients and co-workers,

● work effectively with Aboriginal and Torres Strait Islander people,

● apply reflective practice, critical thinking and analysis in health

● implement and evaluate a plan of nursing care,

● apply first aid,

● administer and monitor medications in the work environment

● analyse health information,

● contribute to the complex care of clients

● provide nursing care for clients requiring palliative care

● apply principles of diabetic nursing care

● apply a population health framework

● promote team effectiveness, and

● maintain an effective work environment

You have incurred expenses in undertaking the diploma.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1

Reasons for decision

Question 1

Summary

You are not entitled to a deduction for the costs you incur to undertake a Diploma in Nursing as the expenses are not sufficiently connected to your current income earning activities. The expenses are incurred at a point too soon to be regarded as being incurred in gaining or producing your assessable income.

Detailed Reasoning

Work-related expenses generally fall for consideration under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997). This section allows a deduction for losses and outgoings which are incurred in the course of gaining or producing assessable income, unless the losses or outgoings are of a capital, private or domestic nature.

The Commissioner's view on the deductibility of self-education expenses is contained in Taxation Ruling TR 98/9 Income tax: deductibility of self-education expenses. In accordance with TR 98/9, expenses of self-education will satisfy the requirements of section 8-1 of ITAA 1997 if:

● a taxpayer’s income-earning activities are based on the exercise of a skill or some specific knowledge, and the subject of self-education enables the taxpayer to maintain or improve that skill or knowledge (FC of T v. Finn (1961) 106 CLR 60;(1961 12 ATD 348) (Finn’s Case); or

● the study of a subject of self-education objectively leads to, or is likely to lead to, an increase in a taxpayer's income from their current income earning activities in the future (FC of T v. Hatchett (1971) 125 CLR 494; 71ATC 4184; (1971) 2ATR 557 (Hatchett’s Case).

Therefore, provided there is sufficient connection between a course of self-education and current income earning activities, you are entitled to claim a deduction for your self-education expenses.

However, self-education expenses will not be deductible if the study is intended to:

● enable you to get employment

● enable you to obtain new employment, or

● to open up a new income-earning activity (whether in business or in your current employment).

Paragraph 48 of TR 98/9 refers to the decision of the High Court in FC of T v. Maddalena 71 ATC 4161; (1971) 2 ATR 541 (Maddalena’s Case). That case established that no deduction is allowable for self-education expenses if the study is designed to enable a taxpayer to get employment or to obtain new employment. The expenses would be incurred at a point too soon to be regarded as incurred in gaining or producing assessable income.

Nursing

The course of study you undertook was a Diploma of Nursing in Enrolled. The Administrative Appeals Tribunal (AAT) has previously considered the issue of the deductibility of self-education expenses on a number of occasions, including in the context of nursing assistants undertaking nursing studies.

The Tribunal, in Assefa v. Commissioner of Taxation [2009] AATA 2, made reference to the Australian Bureau of Statistics publication, Australian Standard Classification of Occupations in considering the relationship between different jobs. In the health care sector, the publication provides details in relation to three levels of occupation – “personal care and nursing assistants”, “enrolled nurse” and “registered nurse”. The Tribunal has noted that a nursing assistant’s duties fell within the first classification, which dealt primarily with assisting patients with their daily living requirements - such as bathing, dressing, eating, communicating and mobility - under the guidance of a registered nurse.

In contrast, a registered nurse is required to perform duties such as planning and evaluating nursing care, assisting medical practitioners, observing and reporting on patients’ condition and supervising and coordinating the work of other health care workers such as the taxpayer. The Tribunal has concluded that an enrolled nurse and a registered nurse were nurses whereas a nursing assistant, or personal care assistant, was not.

It is considered that your circumstances are such that it would be correct to apply the decision in Maddalenas Case. According to the duty statement you provided as part of your application, your primary responsibility as an assistant nurse is assisting patients with their daily living requirements. While your position involves work within the health care sector, your role can be compared and contrasted with the duties of an enrolled nurse, as described in the Australian Standard Classification of Occupations.

In your case, you commenced studying for your Diploma of Enrolled Nursing whilst you were employed as a nursing assistant. The course is designed to enable you to obtain employment as an enrolled nurse. The subjects which form part of the course do not have the required connection to your position of a nursing assistant.

While we recognise that your study may assist you to perform some of your duties as an assistant in nursing, the skills or knowledge acquired as a result of undertaking the Diploma of Nursing goes beyond that required in your job as an assistant. You are not currently employed as a nurse. Therefore, your study is not to enable you to maintain or improve skill or knowledge in a profession you are already engaged in.

Therefore, the course cannot be said to have been undertaken to improve or maintain a specific skill or knowledge in a current income earning capacity, as the study provides you with skills in advance of those that you need to be an assistant in nursing. The essential character of the expenses is that they were incurred to enable you to complete the course of education and earn assessable income from your future employment as an enrolled nurse.

The self-education expenses are considered to have been incurred at a point too soon to be regarded as incurred in gaining or producing assessable income. Consequently, your self -education expenses are not deductible under section 8-1 of the ITAA 1997.

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