Disclaimer This edited version has been archived due to the length of time since original publication.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: 1051447116600
Date of advice: 26 October 2018
Ruling
Subject: Legal expenses
Question
Can you claim legal expenses incurred in the course of employment?
Answer
Yes. Please refer to ATO ID 2001/27 Income Tax Deductions and expenses: Legal expenses in course of employment.
This ruling applies for the following period:
Year ending 30 June 2018
The scheme commences on:
1 July 2017
Relevant facts and circumstances
● You were employed.
● You were instructed to write a paper.
● You were reprimanded for comments included in the paper.
● You were suspended.
● You sought legal advice.
● You were issued a notice with the allegations.
● You responded to the notice denying the allegations.
● The allegations were withdrawn by your employer.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 8-1