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This edited version has been archived due to the length of time since original publication.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: 1012283274166

    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 - guard dog

Question 1

Are you entitled to a deduction for maintaining a dog that guards your truck whilst you are at work, thereby protecting your tools of trade?

Answer

No

This ruling applies for the following period

Year ended 30 June 2012

The scheme commences on

1 July 2011

Relevant facts and circumstances

You are employed in the building trade.

You have a work vehicle that carries substantial tools.

You purchased a dog.

You drive to work each day accompanied by your dog.

The dog stays with your truck protecting your tools and vehicle whilst you are working.

When you are not working, the dog returns to your residence where it lives with you.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1

Reasons for decision

In order to be deductible under section 8-1 of the Income Tax Assessment Act 1997, expenditure must have the essential character of an outgoing incurred in gaining assessable income. This principle was considered in Lunney & Anor v. Federal Commissioner of Taxation (1958) 100 CLR 478; (1958) 11 ATD 404 where it was held that there must be a nexus between the outgoing and the assessable income so that the outgoing is incidental and relevant to the gaining of assessable income and the expenditure must not be capital, private or domestic in nature.

A dog is ordinarily considered a pet and therefore expenses incurred in relation to a dog are generally not deductible as they are private or domestic in nature.

However, in some instances a dog is considered a working beast or item of plant for a business, for example, a guard dog used to provide security for business premises that remains on site at all times and a working dog used to muster stock.

In your case the dog is guarding your vehicle, tools and work vehicle while you are at work but at all other times is a pet that resides with you.

It is considered that the costs incurred in relation to your dog are essentially private in nature. A deduction for these expenses is therefore not allowable.