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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1011996914054

This edited version of your ruling will be published in the public register of private binding rulings after 28 days from the issue date of the ruling. The attached private rulings fact sheet has more information.

Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet.

Ruling

Subject: Work related expenses - self education

Question

Are you entitled to claim a deduction for self education expenses?

Answer

Yes

This ruling applies for the following periods:

Year ending 30 June 2011

Year ending 30 June 2012

The scheme commences on:

1 July 2010

Relevant facts and circumstances

You are employed as a full time teacher. You currently work as a teacher for 6 hours a week.

You are studying for a Graduate Diploma, which is a full time course.

Your course of study will give you specialist knowledge. The course will increase your skills in literacy practices.

Your employer encouraged you to do the course so you can obtain specialist knowledge and apply that knowledge in the school.

After you complete the course you expect to have the necessary skills to take on the role of specialised co-ordinator, a role which would be in addition to your classroom teaching position.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1

Reasons for decision

Section 8-1 of the Income Tax Assessment Act 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.

Taxation Ruling TR 98/9 discusses the circumstances under which self education expenses are allowable as a deduction. TR 98/9 provides that 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, the self-education expenses are allowable as a deduction.

Similarly, if 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 his or her current income earning activities in the future, a deduction is allowable.

In your case, we accept that the Graduate Diploma you are studying for will improve the skills you need in the performance of your job as a teacher. We also accept that the diploma will provide you with specialist skills and is likely to lead to an increase in income from your current income earning activity.

The expenses you incur for self education are therefore deductible under Section 8-1 of the ITAA 1997.