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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your written advice

Authorisation Number: 1051369023293

Date of advice: 7 May 2018

Ruling

Subject: Work related expenses

Question

Can I deduct personal therapy sessions as a work related expense?

Answer

    No

This ruling applies for the following period:

    Year ending 30 June 20XX

The scheme commences on:

    1 July 20XX

Relevant facts and circumstances

You are a qualified medical practitioner working full time as a counsellor.

You work closely with individuals with a history of trauma.

You are encouraged to obtain weekly therapy from a qualified medical practitioner for your own wellbeing.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1

Reasons for decision

Section 8-1 of the Income Tax Assessment Act 1997 states that you can deduct from your assessable income any loss or outgoing to the extent that it is incurred in gaining or producing your assessable income. You cannot claim a deduction if the loss or outgoing is of a capital, private or domestic nature.

For a deduction to be allowed there must be sufficient nexus between the loss or outgoing and the assessable income. The expense must give rise to or help produce assessable income for it to be deductible.

In Taxation Determination TD 93/112 the Commissioner adopted the reasoning of Hill J in FC of T v Cooper (1990) 21 ATR 525; 90 ATC 4580, in that an employer’s requirement that an employee incur expenditure which is not related to the income-producing activities of that employee, does not convert the expenditure into a deductible outgoing.

To be an allowable deduction the expense must be incurred in earning your assessable income and not be a private or domestic expense.

Conclusion

You are encouraged to obtain weekly therapy for yourself to maintain professional standards in your role as a qualified medical practitioner, due to the nature of your work. The sessions help you to maintain your wellbeing.

This is a private expense and not incurred in the carrying out of your income earning activity of counselling. The expense is not deductible.