Edited version of your written advice

Authorisation Number: 1013127496814

Date of advice: 21 November 2016

Ruling

Subject: Home office expenses

Question 1

Are you entitled to claim a deduction for part of your occupancy expenses in relation to your home office?

Answer

No.

Question 2

Are you entitled to claim a deduction for part of your running expenses in relation to your home office?

Answer

Yes.

This ruling applies for the following periods:

Year ending 30 June 20ZZ

Year ending 30 June 20YY

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are employed as a manager.

You work from and have a dedicated room within your premises as a home office to perform your work duties.

You have supplied a letter dated from your employer stating that you are required to work from home under your employment arrangement.

This letter states your employer's office is located in a commercial office in NSW.

You lived and maintained your home office at an address until a specific date in 20YY.

From that specific date in 20YY, you then lived and maintained your home office at a different address.

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.

Occupancy expenses

Taxation Ruling TR 93/30 outlines the factors that indicate whether or not a home office has the character of a 'place of business'. This is likely to be the case where part of a residence is set aside exclusively for the carrying on of a business by a self-employed person, such as a doctor or dentist with a surgery or consulting rooms at home or a tradesperson with a workshop at home. Another example is where part of the home is used exclusively as the sole base of operation for an employee and no other work location is provided by the employer.

The following factors may indicate whether or not the area set aside has the character of a 'place of business':

● The area is clearly identifiable as a place of business

● The area is not readily suitable or adaptable for use for private or domestic purposes in association with the home generally;

● The area is used exclusively or almost exclusively for carrying on a business; or

● The area is used regularly for visits of clients or customers.

Taxpayers who maintain an office or study in their homes where they can do income-producing work, but which does not constitute a place of business cannot claim deductions for occupancy expenses, such as mortgage interest, rates, rent, insurance or repairs referable to their home office. However they can claim a deduction for additional running costs.

In your case, the place of business for your employer is located at NSW and you are required to work from home. As your employers have an established place of business, your home office would not be considered a place of business and you would not be entitled to claim a deduction for cost such as mortgage interest, rates, rent, insurance or repairs referable to your home office.

Running expenses

Individual taxpayers may claim eligible running expenses (heating, cooling, lighting and decline in value of office furniture) based on additional costs incurred. This is not available where the work activity is undertaken in an area where other family members are present and so there is no additional energy cost. The rate is based upon average energy costs and the value of common furniture items used in home offices.

Individual taxpayers who claim home office expenses are required to be able to substantiate that they have incurred such expenses. Such taxpayers must also be able to establish a connection between the use of their home office and their work or business.

As your employer has stated in the provided letter that you are required to work from home under the employment arrangement, therefore you are entitled to claim a deduction for running expenses.

Apportion of running expenses

As discussed above, you are able to claim expenses you have incurred to run your home office. Some of these expenses are incurred are both deductible and non-deductible, such as electricity, they must be apportioned and only the deductible portion can be claimed.

In relation to running expenses, the Commissioner will generally accept a bona fide estimate based on a reasonable percentage of the overall running expenses of the household, but may choose not to accept your basis of apportionment where that basis is not reasonable.

A common method for working out the apportionment of expenses is based on floor plan method as follows: