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This edited version has been archived due to the length of time since original publication.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: 1051444362339

Date of advice: 24 October 2018

Ruling

Subject: Legal expenses

Question

Are you entitled to a deduction for legal expenses associated with seeking legal representation to attempt to resolve a workplace bullying issue?

Answer

Yes. It is accepted that you incurred legal expenses to restore the conditions and environment of your workplace.

This ruling applies for the following periods:

Year ending 30 June 20XX

Year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You were bullied and harassed over a number of years in the workplace.

You engaged legal counsel.

You incurred legal expenses directly related to your income and earning capacity.

The harassment in the workplace has not yet been resolved.

Your lawyers are continuing to resolve the matter.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1