Edited version of your written advice

Authorisation Number: 1012838623857

Date of advice: 15 July 2015

Ruling

Subject: Self-Education expense

Question

Are you entitled to a deduction for your self-education expenses?

Answer

No.

This ruling applies for the following periods

Year ended 30 June 2015

Year ended 30 June 2016

The scheme commenced on

1 July 2014

Relevant facts

You are presently a resident of Australia and have a student visa and a work permit, and you can work up to 20 hours per week while you are studying. Due to a condition of your visa you departed Australia for a period of time and have now returned.

You have worked while in Australia. You are to start work soon in the same field of work.

You have commenced studying for a management course. You are looking to improve your chances of getting a job, improve your career prospects and to help the businesses that you will work for. You wish to work as a manager or supervisor in large businesses or take on management duties in the area that you work in.

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.

The Commissioner's view on the deductibility of self-education expenses are explained in Taxation Ruling TR 98/9. According to paragraph 13 and 14 self-education expenses are allowed if:

• a taxpayer's income earning activities are based on the exercise of a skill or some specific knowledge, and the self-education course enables the taxpayer to maintain or improve that skill or knowledge; or,

• the study of a subject of self-education objectively leads to, or is likely to lead to, an increase in a taxpayer's income from their current income earning activity in the future.

Therefore, provided there is a sufficient connection between your self-education and current income earning activities, you are entitled to claim a deduction for your self-education expenses.

However according to paragraph 15 of TR 98/9, no deduction is allowed for your self-education expenses if the study is to:

• enable you to get employment

• enable you to obtain new employment, or

• open up a new income-earning activity (whether in business or in your current employment).

This view is supported by the decision of the High Court in FC of T v. Maddalena 71 ATC 4161; (1971) 2 ATR 541, which establishes the principle that no deduction is allowable for self-education expenses if the study, viewed objectively, is designed to enable a taxpayer to get employment or obtain new employment. Such expenses are incurred at a point too soon to be regarded as incurred in gaining or producing assessable income.

In your case, although you may gain knowledge and skills from the course that could be of some assistance in your field of work, it is not a requirement to undertake your duties in that work. The aim of the course is for those wishing to work in the area of management.

It is considered that there is an insufficient connection between the skills and knowledge required in your duties and the course. Furthermore, it is considered that the study is designed to open up a new income earning activity as a manager or supervisor.

As there is an insufficient nexus between the course of self-education and your income earning activities, the self-education expenses associated with the course are not incurred in earning your assessable income.

Consequently you are not entitled to a deduction for the expenses.