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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 4120051824160

Date of advice: 10 August 2018

Ruling

Subject: Self education expenses

Question

Are you entitled to a deduction for your course fees incurred to study a Master of Business Administration (MBA?)

Answer

Yes.

In your case, you were employed in a paid position in your industry at the time of incurring the course fees. Therefore, these expenses can be characterised as having been incurred in the course of earning your assessable income.

FEE-HELP

Although you have taken a loan under FEE-HELP, this does not preclude you from claiming a deduction for the expenses incurred in relation to this course.

However, it should be noted that you are not allowed a deduction for the repayment of FEE-HELP debt.

Self-education expenses

In certain circumstances you may have to reduce your allowable self-education expenses by $250. However you may have other types of expenses some of which are not allowable as a deduction that can be offset against the $250 before you reduce the amount you can claim for allowable expenses.

Further information on how to work out your self-education expenses is provided in the ATO TaxPack (NAT 0976) and paragraphs 119 to 155 of TR 98/9. This publication and ruling can be accessed by visiting our website at www.ato.gov.au.

This ruling applies for the following period:

Year ended 30 June 2018

The scheme commences on:

1 July 2017

Relevant facts and circumstances

This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.

You commenced your MBA course.

At the time of commencing the MBA your employer was in a joint venture partnership with your present employer.

After commencing your MBA studies you commenced working with your current employer, because you were working for the former employer on contract basis, and the current employer was offering a permanent fulltime position with the same work type and responsibilities.

At the new employer, your duties and responsibilities are essentially the same as they were with the previous employer.

The course was online, fulltime, which enabled you to still work permanent fulltime.

There was no break in employment between employers.

The MBA qualification was preferred by the employer.

You pay for your course fees via a loan under FEE-HELP.

The MBA qualification was preferred by the employer.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1