Edited version of your written advice

Authorisation Number: 1012868772992

Date of advice: 27 August 2015

Ruling

Subject: Work related expenses

Question and answer

Are you entitled to a deduction for self-education costs?

Yes.

This ruling applies for the following periods:

Year ended 30 June 2014

The scheme commenced on:

1 July 2013

Relevant facts and circumstances

This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.

You work for an Australian Government organisation.

You are currently undertaking study overseas.

Completing the study is required by your employer.

The study will enable you to acquire new skills which will compliment your current employment and will enable you to exercise these skills in the future with your current employment.

Your employer does not provide you finance to complete the study.

You will receive your salary while undertaking the study.

You wish to claim as a deduction the fees associated with the study.

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 circumstances in which self-education expenses are allowable as a deduction under section 8-1 of the ITAA 1997. If a taxpayer's current income-earning activities are based on the exercise of a skill or some specific knowledge and the self-education enables the taxpayer to maintain or improve that skill or knowledge, the self-education expenses are allowable as a deduction.

In addition, if 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 his or her current income-earning activities in the future, the self-education expenses are allowable as a deduction.

However, the decision of the High Court in FC of T v. Maddalena 71 ATC 4161; (1971) 2 ATR 541 establishes the principle that no deduction is allowable for self-education expenses if the study is to enable the taxpayer to get employment, obtain new employment or to open up a new income-earning activity (whether in business or the taxpayer's current employment). This includes studies relating to a particular profession, occupation or field of employment in which the taxpayer is not yet engaged. The expenses are incurred at a point too soon to be regarded as incurred in gaining or producing assessable income.

If a course of study is too general in terms of the taxpayer's current income-earning activities, the necessary connection between the self-education expenses and the income-earning activity does not exist.

In your case you are undertaking study overseas.

The study will enable you to acquire further skills and knowledge for which your current position will benefit from and future rolls within the organisation will benefit from.

The study is a requirement of your current employment.

The Commissioner is satisfied that there is a sufficient connection between the skills and knowledge required in your current position and the study.

Accordingly, you are entitled to a deduction for the costs associated with the study overseas.