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Edited version of private advice
Authorisation Number: 1012683433094
Ruling
Subject: Financial advice
Question
Are you entitled to a deduction for financial advice?
Answer
No.
This ruling applies for the following periods
Year ending 30 June 2013
Year ending 30 June 2014
The scheme commenced on
1 July 2012
Relevant facts
You retired from your work and sought financial advice to bring all of your superannuation funds together to provide you with an annuity.
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 your assessable income. However, a deduction is not allowed where the loss or outgoing is of a capital, private or domestic nature or incurred in relation to gaining exempt income.
Taxation Determination TD 95/60 Income tax: are fees paid for obtaining investment advice an allowable deduction under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for taxpayers who are not carrying on an investment business? explains that a fee for drawing up a financial plan is not deductible because it is not expenditure incurred in the course of gaining or producing the assessable income from the investments. It is too early in time to be an expense that is part of the income producing process as it is an expense that is associated with putting the income earning investments in place. Therefore the expense has an insufficient connection with earning income from the investments, and is considered capital in nature.
In your case, you sought financial advice to bring all or your individual superannuation funds together to provide you with an annuity. As stated in TD 95/60 the fee you paid is not incurred in producing assessable income. As such, you are not entitled to a deduction.