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Edited version of your private ruling
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Ruling
Subject: Self education expenses
Question
Are you entitled to a deduction for self education expenses?
Answer
No.
This ruling applies for the following period
Year ended 30 June 2012
Year ended 30 June 2013
Year ended 30 June 2014
Year ended 30 June 2015
Year ended 30 June 2016
Year ended 30 June 2017
Year ended 30 June 2018
The scheme commenced on
1 July 2011
Relevant facts
You are employed as a secretary.
You are undertaking a degree.
You will start the course in March 2012.
When you complete your studies, you expect to remain with your employer but in the role of a professional.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 8-1
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 circumstances in which self education expenses are allowable as a deduction under section 8-1 of the ITAA 1997. If a taxpayer's current income earning activities are based on the exercise of a skill or some specific knowledge and the self education enables the taxpayer to maintain or improve that skill or knowledge, the self education expenses are allowable as a deduction.
The decision in FC of T v. Maddalena 71 ATC 4161; 2 ATR 541 also supports the Commissioner's view that no deduction is allowable if the study is designed to enable a taxpayer to open up a new income earning activity, whether in business or in the taxpayer's current employment. This would include studies relating to a particular profession, occupation or field of employment in which the taxpayer is not yet engaged.
TR 98/9 provides two examples that are relevant to your situation:
59. Example: Joseph is currently employed as a clerk in a public service department. He would like to transfer to a position in another section of the department and undertakes a course of study designed to equip him with the skills needed in that position. The study is unrelated to the skills required in his current position and is not likely to lead to an increase in income. As the study is designed to enable Joseph to enter a new income-earning activity, no deduction is allowable.
62. Example: Desiree is a general medical practitioner in partnership with two other general practitioners in a large regional town. She undertakes further study in dermatology in order to set herself up independently as a specialist dermatologist. The expenses related to the study are not allowable as the study is designed to open up a new income-earning activity as a specialist.
You work as a legal secretary. Although you may gain some knowledge and skills from the subjects studied that could be of some assistance in your work, your duties do not require knowledge or skills in the area of law and the predominant focus of the course is to provide the skills to become a solicitor.
It is considered that there is an insufficient connection between the skills and knowledge required in your duties and the course that you have undertaken.
Given the clear distinction between your current occupation and that of a solicitor, it is considered that the expenses are referable to a particular profession, occupation or field of employment in which you are not yet engaged.
Consequently you are not entitled to a deduction for the expenses under section 8-1 of the ITAA 1997 as the self education expenses associated with the course are not incurred in earning your assessable income.