Disclaimer This edited version has been archived due to the length of time since original publication.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: 1051432699376
Date of advice: 26 September 2018
Ruling
Subject: Deductions for legal expenses
Question
Are you entitled to a deduction for legal expenses associated with seeking legal representation regarding your response to allegations of misconduct?
Answer
Yes. It is accepted that you incurred legal expenses responding to disciplinary action in connection to your employment.
This ruling applies for the following period:
Year ended 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You were employed.
You were accused of misconduct.
You sought legal counsel regarding allegations of misconduct at your workplace.
You incurred legal costs that were not of a private or domestic nature.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 8-1