Disclaimer This edited version has been archived due to the length of time since original publication.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: 1051424253584
Date of advice: 1 September 2018
Ruling
Subject: Deductions
Question
Are you eligible to claim a deduction for financial advice regarding retirement options?
Answer
No
Section 8-1 of the Income Tax Assessment Act 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.
Based on the facts you have provided we have determined that your expenses are private in nature and not incurred in the production of your assessable income, accordingly, you are not entitled to a deduction for this cost.
This ruling applies for the following periods:
Year ending 30 June 2018
The scheme commences on:
1 July 2017
Relevant facts and circumstances
You sought advice from two financial advisors prior to your retirement.
You also attended a seminar and sought advice from a Government agency.
You were provided with options on how to maximise your income once you had retired.
You retired on 2 July XXXX.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 8-1