Taxation Ruling

IT 2165

Income tax : year ended 30 June 1985 - arbitrary limits section 51 deductions

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FOI status:

May be releasedFOI number: I 1187081

RULING

This ruling updates Taxation Ruling No. IT2088 and replaces, for the 1984/85 income year, the amounts up to which certain claims for deduction may, in the general run of cases, be accepted without the need for verification.

2. The update has been made in the light of representations made to this office by employee unions, groups, associations, etc. and of the views of Branch Offices.

3. As was the case with Taxation Ruling No. IT 2088 it is necessary to stress that the practice of setting limits up to which claims for income tax deductions may be allowed without the need for verification is not to be taken as authority for taxpayers to claim income tax deductions in excess of expenditure actually incurred. If a taxpayer has not incurred expenditure in the year ended 30 June 1985 up to the amounts set out in the attached schedule, his or her claim for income tax deductions should be limited accordingly. The setting of the various amounts does not in any way restrict the Commissioner's right to require a taxpayer to provide substantiation of claims for income tax deductions.

4. On the other hand, where a taxpayer has incurred deductible expenditure in excess of the limit, he or she is, of course, entitled to claim as a deduction the amount actually expended. However, in that case, it would be expected that the taxpayer would be able to substantiate his or her claim in full with receipts, invoices or other documentary evidence.

COMMISSIONER OF TAXATION
11 June 1985

APPENDIX

UNVOUCHED SECTION 51 DEDUCTIONS
MAXIMUM ACCEPTABLE LIMITS
ASSESSMENTS MADE FOR YEAR ENDED 30.6.85
INDEX
TRADE GROUPING/INDUSTRY Page
AIRLINE EMPLOYEES 3
AMBULANCE OFFICERS 4
ARCHITECTS 4
BANK OFFICERS 4
BUILDING INDUSTRY 4
DEFENCE FORCES 5
DRAFTSMEN 5
ENGINEERS (PROFESSIONAL) & (TRADESMEN) 5
GOVERNMENT EMPLOYEES 6
HEALTH FUND EMPLOYEES 6
MEDIA INDUSTRY 6
MEDICAL EMPLOYEES 7
METAL TRADESMEN 7
MINING INDUSTRY 7
POLICE FORCES 8
SCHOOL TEACHERS 8
WATERSIDE WORKERS 8
UNVOUCHED SECTION 51 DEDUCTIONS
MAXIMUM ACCEPTABLE LIMITS
ASSESSMENTS MADE FOR YEAR ENDED 30.6.85
TRADE GROUPING/INDUSTRY 1985 Limits $
AIRLINE EMPLOYEES
Uniform - Maintenance, dry cleaning, laundry, etc.:
Flight Stewards 150
Hostesses 150
Pilots 180
Traffic, Cargo, Reservation and Baggage Officers 150
Engineers - Maintenance 120
            - Flight 180
Shoes
Engineers 70
Other Allowances
Daily Travelling Allowance Allow to extent of allowance shown on group certificate
Telephone
      Hostesses & Flight Stewards 40
      Flight Engineers 85
      Pilots 85
      Air Traffic Controllers 20
Tool Allowance
      Licensed Aircraft Maintenance Engineers and members of the Professional Radio and Electronics Institute where tools not provided by employer and award allowance received. 387
Incidental expenses
(Hostesses, Flight Stewards & Flight Engineers)
Suitcases Replacement Cost
Bar Shortages Reasonable Costs
Beepers 60
Taxis (Qantas, female employees only)
      - When used to transport luggage between home and airport 100
AMBULANCE OFFICERS
Uniform - Maintenance, dry cleaning, laundry, etc. 150
ARCHITECTS
Protective Clothing
Maintenance, dry cleaning, laundry etc 120
Replacement 100
Tools 50
Journals 60
BANK OFFICERS
Uniform - Maintenance, dry cleaning, laundry, etc. Bank Messengers and Staff supplied with a uniform or who are required, as a condition of their employment, to wear distinctive and unique clothing that constitutes a uniform. 120
BUILDING INDUSTRY
Overalls
Maintenance, laundry, dry cleaning etc. 120
Replacement 100
Safety Boots 70
Tool Allowance
(Members of Building Workers' Industrial Union of Australia and Operative Painters & Decorators' Union of Australia - where tools not provided by employer and National Building Trades Construction Award Allowance received).
1. Artificial stoneworker, carpenter and/or joiner, carpenter-diver, carver, bridge and wharf carpenter, floor sander (Tas), letter cutter, marble and slate worker, stone mason, tilelayer (Vic). 534
2. Caster, fixer, floorlayer specialist, plasterer 444
3. Bricklayer, tilelayer (NSW) 381
4. Rooftiler, slater - ridger or roof fixer 275
5. Signwriter, painter, glazier (except Vic.) 132
DEFENCE FORCES
Uniform - Dry cleaning, laundry, etc.
Officers 180
Other Ranks 150
Apprentices 150
Uniform Replacement (only where allowance is included on return form)
Officers 350
NCO's 260
Other Ranks 215
Mess Dress Reasonable Costs
Defence Force Reserves
Uniform - Dry cleaning, laundry etc
Officers 50
Other ranks 30
Purchase of mess dress when required 50% of reasonable costs
Travel Expenses 50% of cost of travelling between normal work place and reserve unit
DRAFTSMEN
Protective Clothing/Uniform
Maintenance, dry cleaning, laundry, etc 120
ENGINEERS (PROFESSIONAL)
Protective Clothing
Maintenance, laundry, dry cleaning, etc 120
Replacement 100
Tools 50
Journals 60
ENGINEERS (TRADESMEN)
Protective Clothing
Maintenance, laundry, dry cleaning etc 120
Replacement 100
Safety Boots 70
Tool Allowance
Members of Australasian Society of Engineers - where tools not supplied by employer and award allowance received 387
GOVERNMENT EMPLOYEES
Customs Officers
Clothing - Maintenance, dry cleaning, laundry, etc.
      Investigations Branch 250
      Preventive Branch 120
      Special Service Branch 90
Telecom/Postal
Uniform - Maintenance, dry cleaning, laundry, etc.
      Drivers, Postmen, Security Guards, Mail Officers, Canteen Workers, Linesmen, Postal Clerks and Telegraphists 120
Court Orderlies
      Uniform - Maintenance, dry cleaning, laundry, etc. 130
Stock Inspectors
      Protective Clothing
      Maintenance, dry cleaning, laundry, etc. 120
Public Transport Workers
(Uniformed railway, tramway and bus staff)
Maintenance, dry cleaning, laundry etc. of uniform 120
HEALTH FUND EMPLOYEES
(female staff)
Uniforms -
Maintenance, dry cleaning, laundry etc. 120
      (MBF - female counter staff only)
MEDIA INDUSTRY
Journalists
(Members of the Australian Journalists' Association) Incidental Expenses (i.e. newspapers, periodicals, magazines and other small items not reimbursed such as travelling, entertainment, telephone, etc.) 290
Television Announcers
Hairdressing, Clothing (Maintenance, dry cleaning, laundry, etc).
A.B.C. employees 50% of allowance
Employees of other stations 50% of expenditure
MEDICAL EMPLOYEES
Uniform (Doctors, Dentists, Chemists, Chiropodists, Opticians, Physiotherapists, Ward Assistants, Cleaners and Nurses' Aides - employed in hospitals and government departments, etc).
Maintenance, laundry, dry cleaning, etc. (purchased or supplied) 120
Replacement (including footwear) 120
Uniform (Nurses)
Maintenance, laundry, dry cleaning, etc. (where service not provided by employer) 120
Replacement (including caps, cape, footwear, etc. but not including stockings/pantyhose unless specified by employer that a certain colour (other than flesh colour) is to be worn).
      1. Where basic uniform supplied 120
      2. Where uniform not supplied 180
METAL TRADESMEN (in other than coal mining industry)
Tool Allowance (e.g. Members of A.M.F.S.U.)
      (where tools not supplied by employer and award allowance received) 387
Protective Clothing
Maintenance, dry cleaning, laundry etc. 120
Replacement 100
Safety Boots 70
MINING INDUSTRY
Protective Clothing
(Underground pit workers)
Maintenance, dry cleaning, laundry, etc. 120
Replacement 100
Safety Boots 70
Tools
Coal Miners 30
Carpenters 50
Belt Fitters, Engineers 50
Colliery Fitters, Electrical Fitters, Electrical Mechanics, Welders, Plumbers, Saddlers and Drainers 40
POLICE FORCES (Including Federal Police)
Uniform/Clothing -
Maintenance, dry cleaning, laundry, etc.
      Plain Clothes Officers 200
      Uniformed Officers 150
SCHOOL TEACHERS
Teaching Aids
Art Teachers 200
Others 100
WATERSIDE WORKERS
Stevedores/foremen
Protective Clothing
      Maintenance, dry cleaning, laundry, etc. 120
Safety boots 70
Telephone 30
Sustentation 26
Gloves/Aprons 16
Tools 22
Tally Clerks
General Expenses 190
Wharf Superintendent
General Expenses 144
Shipwright
Tools 187
Watchmen (Expenses incurred while on duty)
Telephone 25
Travel 35

References

ATO references:
NO 85/2890-0

Related Rulings/Determinations:

IT 2048,
IT 2088

Subject References:
ARBITRARY LIMITS UNVOUCHED SECTION 51 DEDUCTIONS

Legislative References:
51(1)