Disclaimer This edited version has been archived due to the length of time since original publication.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: 1012163198629
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 expenses
Question
Are you entitled to a deduction for the expenses you will incur for your employee's education costs and allowances?
Answer
Yes
This ruling applies for the following period:
Year ended 30 June 2012
The scheme commenced on:
1 July 2011
Relevant facts and circumstances
You are proposing to financially support an employee undertaking an industry related degree.
The expenses will include course fees, accommodation fees and flights.
The employee will continue to work directly for the company in between university terms.
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 you a deduction for any loss or outgoing that is incurred in gaining or producing your assessable income, or is necessarily incurred in the carrying on of a business, to the extent that it is not of a private, capital or domestic nature.
Generally, expenses incurred in respect of salary or wages, bonuses, gratuities, allowances and fringe benefits paid to an employee are deductible to the employer.
In your situation, it is accepted that the expenses you incur in paying for your employee's education expenses have been necessarily incurred and you are entitled to a deduction for these costs.