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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1012690579903

Ruling

Subject: Overseas self-education expenses

Question

Are you entitled to a deduction for self-education?

Answer

Yes.

This ruling applies for the following periods:

Year ended 30 July 2015

The scheme commences on:

1 July 2014

Relevant facts and circumstances

You are currently employed.

You are planning to undertake a course, specialising in the same particular topic in which you specialise in your employment.

You will keep diary records and substantiation in relation the expenses you will incur, including the apportionment of expenses that may be used for private purposes.

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 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, it is accepted that course will maintain or enhanced the skills that you required to perform your duties. Consequently, the self-education expenses you incurred does have a necessary and relevant connection with the earning of your assessable income and are allowable deductions under section 8-1 of the ITAA 1997.