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This edited version has been archived due to the length of time since original publication.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: 1051626862343

Date of advice: 16 January 2020

Ruling

Subject: Work related expenses - self-education

Question

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

This ruling applies for the following periods:

Year ended 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

The scheme commences on:

1 January 20XX

Relevant facts and circumstances

You are an in-house lawyer providing in-house legal counsel and advice to your employer.

You were employed by your current employer in or around month 20XX.

You were employed to perform legal work for your employer

In month 20XX, in addition to your legal role you were tasked with assisting the commercial team in both a legal and non-legal capacity.

In month 20XX, your employer approached you again about being involved in reviewing and analysing the business as a whole to improve efficiency and general operations.

In month 20YY you commenced an MBA and have studied subjects that are relevant to maintaining or improving upon the skills required to perform your role.

You are paying the fees for the courses upfront and expect to finish the course by month 20YY.

Your place of employment is supporting you with your studies by providing you flexible working arrangements around exam periods and being accommodating with requests to leave work early.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1