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This edited version has been archived due to the length of time since original publication.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: 1051471181831

Date of advice: 21 January 2019

Ruling

Subject: Travel expenses

Question

Are you entitled to a deduction for airfares, accommodation and meal expenses you pay for when travelling to and from City B in relation to work?

Answer

Yes, where you meet the substantiation requirements.

Travel is a fundamental part of your employment because the nature of the job itself makes travelling a necessary element of your duties.

As per Draft Taxation Ruling TR 2017/D6, you have co-existing work locations and it is accepted that your travel to and from City B is undertaken in performing your work activities because you are required to work both in City A and City B.

This ruling applies for the following periods

Year ending 30 June 2019

Year ending 30 June 2020

Year ending 30 June 2021

Year ending 30 June 2022

Relevant facts

You are employed in City A, where you live with your family. As part of your current role you travel both within Australia and internationally to fulfil your employment obligations. Your work travel is currently paid for by your employer.

You have received a promotion, with your new employment contract stating that the position is based in City A. The promotion will require you to regularly travel between City A and City B, City C, City D, City E and City F. At times you may also be required to work at other Australian and overseas locations. You and your family intend to continue to reside in City A, and you will be working there unless specifically required by your employer at alternate premises.

The new employment agreement specifies that a minimum of XX% of your working time will be spent at your employer’s City A premises. You anticipate the number of days spent in City A to be greater than the minimum of XX%.

Your employer will continue to pay your travel costs, except for travel between City A and City B.

To help compensate for the additional costs your salary will increase from $XXX,XXX to $XXX,XXX.

Your employer has increased your salary to compensate for your travel to City B instead of paying for these costs to allow you the flexibility to make your own transport and accommodation arrangements for these trips.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1