Disclaimer This edited version has been archived due to the length of time since original publication.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: 1012013699980
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: Education tax refund
Question
Do the following items qualify as eligible education expenses for the purposes of the Education Tax Refund (ETR)?
o Cost of electricity used to run computers
o Cost of renting the copper telephone line for home internet connection.
Answer: Yes.
This ruling applies for the following period
Year ended 30 June 2010
The scheme commenced on
1 July 2009
Relevant facts and circumstances
Your computers run on electricity.
Your home internet connection is established and maintained over a copper telephone line.
Relevant legislative provisions
Income Tax Assessment Act 1997 Subsection 61-640(4)
Reasons for decision
The ETR is a new government initiative to help with the cost of educating primary and secondary school children. It means eligible parents, carers, legal guardians and independent students could get 50% back on some education expenses made during the income year.
Subsection 61-640(4) of the Income Tax Assessment Act 1997 outlines expenses which are eligible for the ETR and includes expenses relating to home computers and costs associated with running them. Also included are the cost of establishing and maintaining home internet connection.
In your case, you have incurred expenses relating to the cost of electricity to run your home computers and the cost of renting the copper telephone line for your home internet connection.
It is considered that these are eligible education expenses for the purposes of the ETR.
As the phone line and home computers are used for other purposes, the expense must be apportioned in a fair and reasonable manner.