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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051614308843

Date of advice: 2 December 2019

Ruling

Subject: Work related expenses

Question

Are you entitled to a deduction for the expenses you have queried that relate to maintaining a public profile as a local government councillor?

Answer

Yes

Section 8-1 of the Income Tax Assessment Act 1997 allows a deduction for all losses and outgoings to the extent to which they are incurred in gaining or producing assessable income except where the outgoings are of a capital, private or domestic nature. The expenses you have queried have a direct relationship to the earning of your assessable income as a local government councillor and are not considered to be of a capital or private nature. Therefore, you are entitled to claim a deduction for them.

This ruling applies for the following periods:

Year ended 30 June 20XX

Year ended 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

The scheme commenced on:

1 July 20XX

Relevant facts and circumstances

You earn income from your position as a local government councillor.

You have queried the following expenses you have incurred to maintain your active public profile and significant community involvement as a local government councillor:

·         Membership of the local Chamber of Commerce

·         Sponsorship of several local sporting and community groups, in addition to providing awards and bursaries for local schools. No family members are members of the sponsored organisations.

·         Payment to a marketing business to create and manage social media posts which provide coverage of the work you do as a local government councillor, and promote local government events. The target audience are your direct constituents. None of the posts are personal or private in nature for your friends or family.

·         Advertising to promote your attendance at local events.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1