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Edited version of your written advice
Authorisation Number: 1012702208773
Ruling
Subject: Accommodation, meals and taxi
Question
Are you entitled to a deduction for taxi fares, accommodation and meals?
Answer
No.
This ruling applies for the following period
Year ended 30 June 2014
The scheme commenced on
1 July 2013
Relevant facts
You are an employee working on a roster in a remote location.
Your employer pays for your flights to and from your home city.
Your employer has implemented a fatigue management policy and you must fly into City A at least 24 hours prior to commencing work.
Because of the remoteness of your work location and infrequency of flights, you have to stay overnight in City A.
You incur taxi fares between your accommodation and the airport.
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 outgoings to the extent to which they are incurred in gaining or producing assessable income, or are necessarily incurred in carrying on a business for that purpose. However, a deduction is not allowable for outgoings that are of a capital, private or domestic nature.
Generally, accommodation expenses are private in nature and are not deductible. In Lunney v. FC of T (1958) 100 CLR 478 the Full High Court laid down the principle that for a deduction to be allowable it is not enough for the expenditure to be an essential prerequisite to the derivation of assessable income. In that case it was held that the costs incurred by a taxpayer in travelling to the place where they work are expenses incurred in order to enable them to earn income but are not expenses incurred in the course of earning that income.
The issue of expenses incurred in relation to accommodation near the work place while maintaining a family residence in another location was considered in FC of T v. Toms 89 ATC 4373; (1989) 20 ATR 466 (Toms' Case).
In Toms' Case, the taxpayer was a forest worker who during the working week lived in a caravan in a bush camp 108 kilometres from his family home in Grafton. He claimed it was too far to travel each day to his work in the forest, so that it was necessary to establish a caravan at the camp. He would return home on weekends. He claimed the costs of maintaining his caravan and other living expenses such as the cost of heating and lighting. The Federal Court considered that the caravan was rendered necessary as much by the taxpayer's choice of the place of his residence in Grafton as by his choice of employment in the forest, and its purpose was to enable him to retain his residence at Grafton although employed in the forest. It was held that the expenses incurred in relation to the temporary accommodation near the workplace while maintaining a family residence in another location were dictated not by his work but by private considerations, and therefore were not deductible.
In your case, you incur expenses for accommodation and meals to enable you to commute between your home in one state and your employment in another state and comply with the fatigue management policy. Whilst the expenses would not be incurred but for your employer's fatigue management policy, the expenses are a prerequisite to the earning of assessable income made necessary because you live interstate. They are incurred in order to enable you to earn income but are not incurred in the course of gaining or producing that income.
A deduction is therefore not allowable for your meal and accommodation expenses.
Taxi fares
Generally the expenses of travel to and from work are not deductible. This is either because such expenditure is private in nature, or because it is not an expense incurred in gaining or producing assessable income.
In your case, you incur taxi fares travelling between your accommodation in City A and the airport. This travel is not incurred in doing your work. Rather, the expense is incurred in getting you to work. As such, it is considered to be private travel and a deduction is not allowable.