Disclaimer This edited version has been archived due to the length of time since original publication.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: 1012452223148
Ruling
Subject: Rental of post office box
Question
Are you entitled to a deduction for the cost of renting a post office box?
Answer
No.
This ruling applies for the following periods
Year ending 30 June 2013
Year ending 30 June 2014
Year ending 30 June 2015
Year ending 30 June 2016
Year ending 30 June 2017
Year ending 30 June 2018
The scheme commenced on
1 July 2012
Relevant facts and circumstances
You and your spouse have rented a post office box.
The post office box is used only for income related mail.
You rented the post office box for security reasons.
Personal mail is sent to your home address.
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, or relate to the earning of exempt income or a provision of the taxation legislation excludes it.
Taxation Determination TD 93/115 examines the deductibility of whether the cost of maintaining a 'silent' telephone number is an allowable deduction.
TD 93/115 states that expenditure relating to a decision to preserve anonymity and privacy is private in nature and, therefore, not deductible.
Whilst you have requested a ruling on the deductibility of a post office box, and not a silent telephone number, the principle contained in TD 93/115 can be applied to your situation.
You have rented a post office box for security purposes. The rental of the post office box has not been incurred in earning your assessable income. You will earn that income regardless of whether you have a post office box for mail or not. The fact that only income related mail is sent to the post office box does not change its character from being a private expense to an income earning related expense.
No deduction is allowable for the cost of renting a post office box.