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Edited version of your private ruling
Authorisation Number: 1012524952750
Ruling
Subject: Deduction for travel and accommodation expenses
Question
Are you entitled to a deduction for travel and accommodation expenses?
Answer
No
This ruling applies for the following periods:
Year ended 30 June 2010
Year ended 30 June 2011
Year ended 30 June 2012
Year ended 30 June 2013
The scheme commences on:
1 July 2009
Relevant facts and circumstances
You are employed.
You live in Location A.
You travel to work interstate to work at Location B
You return home to Location A on your days off.
You pay travel expenses to get from Location A to Location B and also for accommodation expenses incurred while in Location B.
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) generally allows a deduction for any loss or outgoing to the extent that it is incurred in gaining or producing assessable income.
It is settled law that expenses of travelling to work are not deductible as they are not incurred in gaining the assessable income, but as a pre-requisite to gaining assessable income (Lunney v FC of T; Hayley v FC of T (1958) 100 CLR 478).
In considering the deductibility of travel expenses, a distinction is made between travel to work and travel on work. It is only if the duties of the job require a taxpayer to travel that the taxpayer's expenses can be deducted (Taylor v Provan 1975 AC 194).
In your case you are travelling to work and the expenditure incurred is not an allowable deduction under section 8-1 of the ITAA 1997. Furthermore your travel expenses are as a result of living in one place and working in another, and so are private in nature. It should be noted that the significant distance travelled is irrelevant as the law does not differentiate between, nor apply on the basis of, distances travelled.