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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051454899425

Date of advice: 16 November 2018

Ruling

Subject: Deductibility of occupancy expenses

Question

Can you claim a deduction for rental expenses in respect of your home, where you undertake your family day care business?

Answer

No. You do not satisfy the relevant requirements contained in Taxation Ruling TR 93/30 Income tax: deductions for home office expenses, for your home to characterise as a place of business. Further information on working from home can be found by searching ' QC 31977’ and ‘QC 23624' on ato.gov.au

This ruling applies for the following period:

Year ended 30 June 2019

The scheme commences on:

1 July 2017

Relevant facts and circumstances

You carry out a Family Day Care business from your home.

The children in your care have access to the all areas of the house, and there is no area dedicated to, or exclusively used for, conducting the Family Day Care business.

When other members of your family are present, including your own children, they use the same areas as the Day Care children.

You do not have signage to identify your house as a business.

You incur rental expenses for your home.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1


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