Edited version of your written advice

Authorisation Number: 1051209465997

Date of Advice: 3 April 2017

Ruling

Subject: self-education expenses

Question

Are you entitled to a self-education deduction for the costs associated with the Bachelor course?

Answer

No.

This ruling applies for the following periods:

Year ending 30 June 2018

Year ending 30 June 2019

Year ending 30 June 2020

Year ending 30 June 2021

Year ending 30 June 2022

Year ending 30 June 2023

Year ending 31 December 2023

The scheme commenced on:

1 July 2017

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 are employed as a specialist in the government sector.

You are a volunteer with a community organisation.

You do not get paid as a volunteer.

You occasionally receive an allowance or reimbursement.

You are studying a Bachelor course with the hope of obtaining paid employment with the community organisation.

The Bachelor course does not relate to your current full-time employment in the government sector.

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 going to undertake a bachelor course. You are currently employed as a specialist in the government sector. You are a volunteer and you do not derive any income from being a volunteer.

Your study is at a point to soon to be deductable as you are not yet employed as in the community organisation and your current employment has no nexus with the course of study you are undertaking.

Accordingly you are not entitled to a deduction for the costs associated with the Bachelor course.