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This edited version has been archived due to the length of time since original publication.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.

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Edited version of your written advice

Authorisation Number: 1051424558153

Date of advice: 5 September 2018

Ruling

Subject: Travel expenses

Question

Are you entitled to a deduction for your car expenses to travel to appointments under section 8-1 of the ITAA 1997?

Answer

Yes.

Section 8-1 of the 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 in nature, or relate to the earning of exempt income.

Payment of your wage is conditional upon attending appointments.

Accordingly, your travel expenses are deductible as it is accepted that the expenses have the character of an outgoing incurred in gaining assessable income which meets the requirements detailed in Draft Taxation Ruling TR 2017/D6.

This ruling applies for the following period:

Year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You receive a regular payment as replacement for lost income.

You attend medical appointments up to four days a week.

You will not be paid unless you attend the appointments.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1