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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: 1052226955335

Date of advice: 28 February 2024

Ruling

Subject: Income tax - travel

Question

Are you entitled to a deduction under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for the costs you incurred to voluntarily upgrade your airfares when your travel is for work-related purposes?

Answer

Yes. You are entitled to a deduction under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for the costs you incurred to voluntarily upgrade your airfares when your travel is for work-related purposes. Although the upgrade expense is incurred voluntarily, it still has the necessary connection with your income earning activities to be deductible under section 8-1 of the ITAA 1997.

This ruling applies for the following periods:

Year ending 30 June 2024

Year ending 30 June 2025

Year ending 30 June 2026

Year ending 30 June 2027

Year ending 30 June 2028

The scheme commenced on:

1 July 2023

Relevant facts and circumstances

You are permanently employed with XXXX.

Your home base is XXXX.

You are required to travel extensively for interstate and overseas work-related trips.

Your employer's travel policy is to only pay for economy class tickets. Business class isn't available to the employee but they can take extra leg room or premium economy seats and claim the cost from the company.

Your Enterprise Agreement states that your employer will allow employees to request upgraded travel class at time of booking but the employee must pay the difference.

You will voluntarily pay for flight upgrades to business class because it provides you with greater comfort. Travelling business class will allow you to recover quickly from long-haul flights and enable you to better perform the required work-related activity.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1