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This edited version has been archived due to the length of time since original publication.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: 1051620214529

Date of advice: 17 January 2020

Ruling

Subject: Self-education expenses

Question 1

Are your self-education expenses deductible?

Answer

Yes.

Your self-education expenses are deductible, as it is accepted the study meets the requirements detailed in Taxation Ruling TR 98/9. Further information about self-education expenses can be found by searching 'QC 31970' on ato.gov.au

Question 2

Are you entitled to a deduction for course fees paid where you have obtained a loan under FEE-HELP?

Answer

Yes.

Obtaining a loan for all or part of the fees for the course under FEE-HELP does not preclude you from claiming a deduction for the expenses incurred in relation to the course. Further information about this issue can be found in ATO Interpretative Decision ATO ID 2005/26 Income Tax Deductions: self- education - course fees paid from FEE-HELP loan funds.

This ruling applies for the following periods:

Year ending 30 June 2020

Year ending 30 June 2021

Year ending 30 June 2022

Year ending 30 June 2023

The scheme commenced on:

1 July 2019

Relevant facts and circumstances

You are currently employed full-time in a management role. Your primary responsibility is project and portfolio management for a not-for-profit organisation.

In your role, you report directly to the Chief Executive officer (CEO) and Operations manager and lead a project team. You are intending to improve your current skill sets by completing a Masters of Business Administration (MBA) with a major in Public Policy.

You will undertake the course on a part time basis.

Your duties include:

·   Management of projects and teams

·   Maintaining and cultivating relationships with external providers and stakeholders

·   Management of project finance, budget and forecasting

·   Project risk control

·   Developing business cases

·   Provide strategic project advice to CEO and Operations Manager

·   Deliver sustainability and innovation across projects

·   Contribute and respond to policies, state and national action plans, and sit on advisory councils to support the work of the organisation.

Through your discussions with the CEO, it was agreed that the MBA is a suitable course that will sharpen your skills and see you implement new strategies, processes and offer leadership that will help the organisation.

Your employer has provided a letter stating that they are supportive of your further education as your current role has a large focus on project management, sustainable business innovation, and responsible leadership and they consider the course components directly relate to and will support your role with the organisation.

You anticipate that upon completion of the MBA course, it will lead to an increase in future income in your present position due to the increased breadth and depth in your knowledge.

Your employer will allow you between two and three hours per week fully paid for you to attend workshops, tutorials and assessments.

You will use FEE-HELP to assist in paying the course fees.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1