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This edited version has been archived due to the length of time since original publication.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: 1012510300517

Ruling

Subject: Deductions

This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling

Question

Are you entitled to a deduction for taxes paid during your employment in country A?

Answer

No

This ruling applies for the following periods:

Year ended 30 June 2012

The scheme commences on:

1 July 2011

Relevant facts and circumstances

You were employed in country A by a company for a number of months.

You paid tax on your income in country A.

Relevant legislative provisions

Income Tax Assessment Act 1997 subsection 25-5(2)

Reasons for decision

Subsection 25-5(2) of the Income Tax Assessment Act 1997 (ITAA 1997) states that a taxpayer cannot deduct:

    (a) tax; or

    (b) an amount withheld or payable; or

    (c) expenditure for borrowing money (including payments of interest) to pay an amount covered by paragraph (a) or (b); or

    (d) expenditure for a matter relating to the commission (or possible commission) of an offence against an Australian law or a foreign law; or

    (e) a fee or commission for advice about the operation of a Commonwealth law relating to taxation, unless that advice is provided by a recognised tax adviser.

The taxes that you paid while employed in country A are all taxes. Therefore, they are not deductible under paragraph (a) of subsection 25-5 (2) of the ITAA 1997.