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Edited version of your written advice
Authorisation Number: 1013131234640
Date of advice: 29 November 2016
Ruling
Subject: Self Education Expenses
Question 1
Are you entitled to a deduction for the self-education expenses incurred in undertaking a specific Degree?
Answer
Yes
This ruling applies for the following periods:
Year ending 30 June 20YY
Year ending 30 June 20ZZ
The scheme commences on:
01 July 20XX
Relevant facts and circumstances
You are currently employed part time.
You commenced in 20YY. This role involves creating the company's strategy and presenting the global expansion business strategy to various board members.
You commenced the Degree at the University with payment via a FEE-HELP Loan.
You have paid to travel overseas on a program. The tour consists of lectures, company tours and industry panel discussions.
On completion of the degree and program, you will continue to work for the same company.
The Degree subjects have been identified to directly relate to your current job role.
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 the course of gaining or producing the assessable income, but are not allowable to the extent that they are of a capital, private or domestic nature.
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).
TR 98/9 outlines that your expenses of tuition fees, student union fees, textbooks and stationary are all deductible subject to the general tests outlined in section 8-1.
You are currently employed part time. It is accepted that the Degree will enhance the skills you require in this position. As you will secure a full time role with an increase in income from your current employment, this satisfies the test of the expense being connected to your assessable income.
In your case, your course will be directly related to your assessable income. In addition to your tuition fees it is expected that you will incur other relevant self-education expenses. Given that your course will be related to your current employment any relevant self-education expenses incurred, including your tuition fees will be an allowable deduction under section 8-1 of the ITAA 1997.