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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051525751352

Date of advice: 1 June 2019

Ruling

Subject: Work related expenses - travel

Question 1

Are you entitled to a deduction for accommodation costs while interstate performing work activities?

Answer

Yes. Having considered your circumstances and the relevant factors, you have established you have co-existing work locations. Additionally, travel is a fundamental part of your employment because the nature of the job itself makes travelling a necessary element of your duties.

You must have the necessary written evidence to substantiate your deduction claims for accommodation. You will need to keep receipts/records in relation to your accommodation expenses.

Question 2

Are you entitled to a deduction for meal and incidental costs while interstate performing work activities?

Answer

Yes, however you must have the necessary written evidence to substantiate your deduction claims for meals and incidentals. You will need to keep receipts/records in relation to your accommodation expenses.

This ruling applies for the following period:

Year ending 30 June 20XX

The scheme commences on:

30 September 20XX

Relevant facts and circumstances

You are employed as a senior officer in a company.

You are employed on a fulltime basis by your employer.

You have provided a copy of your letter of offer of employment which details of your role, and work locations remuneration.

From the time of your commencement with your employer, you will be in Town A but you may be required to relocate subject to consultation.

You set up this office with the assistance of an allowance paid by your employer. You and your employer consider this office to be your primary place of work. The costs associated with running this office are funded by your employer.

This office is exclusively used by you in performing your role with your employer.

Your role is a national role and requires you work at other locations on a regular basis, including the head office in another town (Town B).

On average, you spend two to three consecutive days per week working at the Town B office.

Due to the frequency of your travel to Town B, you rented a small apartment in Town B which you stay at while in Town B for work. You do not use the apartment for private purposes. Your family do not visit or stay at the apartment and remain based in Town A.

You maintain records of meal and other incidental expenses you incur while working in Town B.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1

Income Tax Assessment Act 1997 Subdivision 900-B