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Edited version of private advice
Authorisation Number: 1012660113197
Ruling
Subject: Work related expenses
Are you entitled to a deduction for self-education expenses?
This ruling applies for the following periods
Year ended 30 June 2013
Year ended 30 June 2014
The scheme commences on
1 July 2012
Relevant facts and circumstances
You are contracted as an instructor.
Part of your duties requires you to provide instruction to students for the issue of licences and licence endorsements.
You have to develop and deliver theory courses and prepare exams.
You undertook a course of study.
You have incurred costs in relation to your studies.
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) 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.
Taxation Ruling TR 98/9 Income tax: deductibility of self-education expenses incurred by an employee or a person in business discusses the circumstances under which self-education expenses are allowable as a deduction. A deduction is allowable for self-education expenses if a taxpayer's current income earning activities are based on the exercise of a skill or some specific knowledge and the subject of the self-education enables the taxpayer to maintain or improve that skill or knowledge (Federal Commissioner of Taxation v. Finn (1961) 106 CLR 60, (1961) 12 ATD 348).
In your case, you are employed as an instructor. It is accepted that the study you have undertaken will enhance the skills that are required in the performance of your current employment duties. Consequently, the self-education expenses you have incurred have the necessary and relevant connection with the earning of your assessable income and are therefore deductible under section 8-1 of the ITAA 1997.