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TASMANIAN SCHOOL OF
BUSINESS AND ECONOMICS
BFA391 Taxation
Topic 3 – General Deductions and
Substantiation
• Ordinary Income
• Statutory Income
• Exempt Income
• Non‐assessable Non‐exempt Income
• Looked at different categories of income –
personal services, business, property
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• Self‐Education
• Limitations on Deductions ‐ Substantiation
requirements
• Work expenses
• Car expenses
• Travel expenses
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Text: Chapter 12
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Introduction ‐ Questions
Do you think a tax deduction would be allowable for the
following? Answer yes or no and we will revisit the questions
at the end of the lecture!!
1) A farmer pays a farm hand a wage of $500 per week.
2) Cost of childcare for a young couple who both work in order
to make their mortgage payments.
3) An accountant takes an important new client out to lunch and
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pays for the meal.
4) Newspapers purchased by an accountant who advises clients
on financial matters.
5) A sales assistant who works in Myer and is required to wear a
white shirt and black skirt or trousers – can they claim the
cost of these items?
6) As there are no staff parks left, a uni lecturer who is running
late for class parks in a voucher zone without displaying a
voucher and gets a parking fine. 4
7) A teacher who lives in New Norfolk and works in Hobart pays
$35 a week in bus fares to travel to work and back home.
How to work out taxable income ‐ s 4‐15
taxable income = assessable income – deductions
Deductions
taxable income = assessable income – deductions
• What are deductions – “an amount that you can deduct”
‐ s 995‐1 ITAA97
• Not all expenses incurred by a taxpayer are “deductible”
– must comply with a provision of legislation before
deducting an expense
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• Division 8 ITAA97
• s 8‐1 General Deductions – general section covering
deductions
• s 8‐5 Specific Deductions – deductions covered by specific
sections of the legislation
• s 8‐10 No Double Deductions – if a loss or outgoing is
deductible under s 8‐1 and a specific provision use most 6
appropriate division – not both
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s 8‐1(1) “You can deduct from your assessable income any
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loss or outgoing to the extent that:
(a) It is incurred in gaining or producing your assessable
income; or
(b) It is necessarily incurred in carrying on a business for the
purpose of gaining or producing your assessable income.”
Note: These are known as the positive limbs ‐ to be 7
deductible, an expense must satisfy ONE of the positive
limbs
exempt income or you non‐assessable non‐exempt income;
or
(d) a provision of this Act prevents you from deducting it.”
Note: These are known as the negative limbs – an expense
is NOT deductible if it satisfies ANY of these negative limbs ‐
any one negative limb will override a deduction permitted 8
by either of the positive limbs
• Deciding whether an item is deductible under s 8‐1
involves a two‐step process
1) Determine the extent that the loss or outgoing
falls within either of the two positive limbs
2) Decide the extent that the loss or outgoing is
excluded under any of the four negative limbs
REMEMBER: any one negative limb will override a
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deduction permitted by either of the positive limbs
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Interpreting s 8‐1
Meaning of “loss or outgoing”
• Both positive and negative limbs deal with “loss” or
“outgoing”
• “Loss” – taxpayer’s financial resources have been
diminished although no actual payment may be involved
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• eg. a taxpayer sells an item for less than it cost – no
payment is made but a loss in incurred – resources are
depleted
• Charles Moore & Co (WA) v FCT (1956) 95 CLR 344 – loss of
day’s takings on way to bank
• “Outgoing” – involves some form of payment, outlay or
expenditure
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• Ronpibon Tin NL v FCT (1949) 78 CLR 47 and TR 95/33 ‐
method of apportionment should be fair and
reasonable and not arbitrary
• Example – Tom is an electrician and drives his car to
different worksites each day during the week. He only
owns the one car ‐ he uses it after work and on
weekends for private purposes – needs to apportion his 11
motor vehicle expenses
Meaning of “incurred”
• Loss or outgoing must have been “incurred”, liability
to pay has arisen
• Actual disbursement has been made or taxpayer is
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definitely committed or has completely subjected
itself to the expenditure
• Payment is not a prerequisite for amount to have
been incurred
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Meaning of “incurred”
• FCT v James Flood Pty Ltd (1953) 88 CLR 492
• amount set aside for future holiday pay obligations
• legally bound to give holiday pay but payment may be
affected by absenteeism or death
• claimed deduction for provision
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• NOT deductible ‐ had not been incurred ‐ payment subject
to variety of contingencies
• Provisions or accruals such as doubtful debts,
provision for annual leave and provision for long
service leave ‐ not deductible until paid or debt
definitely irrecoverable
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• s 26‐10 ITAA97 covers leave payments
• Must be incidental and relevant to operations or
activities which produce assessable income
• Must look at essential character of loss or outgoing
rather than the purpose for which it was incurred –
must have the essential character of an income
producing expense
• The occasion of the expenditure must arise out of 14
income‐producing activities
• deduction allowed – receipts were assessable so loss was
deductible ‐ per Hely J:
“…the purpose of the ITAA is to tax taxable income, not to
punish wrongdoing.”
(NOTE: s 26‐54 introduced after La Rosa which denies deduction for
expenses related to an offence)
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point of view of the pursuit of business ends ‐ Magna
Alloys & Research Pty Ltd v FCT (1980) 11 ATR 267
• “Necessarily” would include
• Losses and outgoings that are obligatory or compulsory
• Losses resulting from the nature of the business
• Expenditure incurred voluntarily on grounds of commercial
expediency
• Meaning of “business” – refer to discussion of business 16
and “business vs hobby” in Lecture 2
Timing of Expenditure
Preliminary Expenditure
• Not deductible under s 8‐1 – expended too soon to be
incurred in gaining assessable income or carrying on
business – capital in nature
• Feasibility study before establishing business not
deductible ‐ Softwood Pulp and Paper Ltd v FCT (1976) 7
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ATR 101
• Expenses in gaining employment incurred at a point too
soon ‐ FCT v Maddalena (1971) 2 ATR 541
Contrast with Spriggs v FCT: Riddell v FCT (2009) 72 ATR
148
• Lunney V FCT (1958) 100 CLR 478 ‐ travel to work is
preparatory to gaining income ‐ merely the consequence
of living in one place and working in another
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• s 40‐880 ITAA97 ‐ certain business capital expenditure
deductible over 5 years
Timing of Expenditure
Expenditure after business suspended or ceased
• May be deductible if expense relates to past business
activities – was expense “caused” by taxpayer’s prior
income‐earning activities?
• Guest v FCT (2007) 65 ATR 815 – interest on loan to
invest in blueberry farm held deductible even though
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taxpayer ended involvement in project several years
earlier
• Placer Pacific Management Pty Ltd v FCT (1995) 31 ATR
253 – taxpayer claimed deduction for a settlement paid
to a customer for selling faulty goods – payment made
four years after business was sold but settlement still
deductible
• FCT v EA Marr & Sons (Sales) Ltd (1984) 2 FCR 326 18
• s 40‐880
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• “capital” – related to taxpayer’s income‐producing structure
• No statutory definition of these terms – case law has
established various tests
• Vallambrosa Rubber Co Ltd v Farmer (1910) 5 TC 529 – is
expenditure recurring or made “once and for all”?
Payments made “once and for all” considered capital in
nature
• British Insulated & Helsby Cables Ltd v Atherton (1926)
AC 205 ‐ enduring benefit test developed – what is the 19
character of the advantage sought?
• the manner in which it is to be used, relied upon or enjoyed
– single, substantial, lasting benefit likely to be capital, short
term and recurrent likely to be revenue
• the means adopted to obtain it – periodic or one‐off
payment ‐ one‐off payment likely to be capital
• Preservation of assets – payments made to eliminate or
restrict competition and to therefore preserve the assets
of the business are capital, Sun Newspapers Ltd v FCT 20
(1938) 61 CLR 337
uniforms for army reserves personnel
• a provision of the Act prevents a deduction, for example
• Penalties and fines – s 26‐5
• Substantiation requirements – Div 28 and Div 900
• Entertainment – Div 32
• Non‐compulsory uniforms – Div 34
• Self‐education expenses – limited by s 82A ITAA36
21
• Expenses related to rebatable benefits (eg Austudy) – s 26‐19
• HELP payments – s 26‐20
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• These include:
• Travel expenses between home and work – Lunney v FCT
(1958) 100 CLR 478, FCT v Payne (2001) 46 ATR 228
• Meal expenses ‐ FCT v Cooper (1991) 21 ATR 1197
• Child care expenses ‐ Lodge v FCT (1972) 72 ATC 4174
• Grooming expenses or gym membership ‐ Mansfield v
FCT (1995) 31 ATR 378 22
• Conventional clothing – TR 97/12
What is Deductible?
Examples of expenditure which may be
deductible under s 8‐1
• Tools of Trade
• Work equipment
• Technical and trade books, journals
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• Telephone expenses
• Rental property expenses (but see new section on travel)
• Interest on loans used for income‐producing purposes
• Work related uniforms and protective clothing
examined in further detail
• Home‐office expenses examined in further detail
• Work related travel expenses examined in further
detail 23
• Self‐education expenses examined in further detail
• Non‐compulsory uniforms – deductible if registered, see
s 34‐10, TR97/12 and s 34‐15 for defn
• Occupation‐specific – deductible, eg, chefs uniform,
doctors white coat, priest’s robes – s 34‐20(1)
• Protective clothing – deductible, eg, overalls, safety
boots, aprons
• s 34‐20(2), TR 95/19, TR 2003/16
• Morris v FCT (2002) 50 ATR 104 – established sun‐
protection products used by outdoor workers deductible 24
• TR 97/12
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space
• Running Expenses
• Claimed when home office is simply a convenient place to
work – eg teachers marking at home
• Can claim 0.45 cents per hour for electricity and decline in
value of furniture
• Must keep diary of use for one month to establish pattern
• Handley v FCT (1981) 11 ATR 644
• Forsyth v FCT (1981) 11 ATR 657 25
• TR 93/30 for calculating running costs
• PS LA 2001/6 for record keeping requirements
Travel
• Deductible if incurred in course of work or business
• Include motor vehicle expenses, car rental, taxis, bus,
train, ferry and air travel
• Travel between two unrelated places of work –
deductible s 25‐100 ‐ travel must be for income‐
producing activities and taxpayer must not reside at
either place of work
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• FCT v Payne (2001) 202 CLR 93
• Travel between home and work ‐ generally not
deductible
• Lunney v FCT (1958) 100 CLR 478
• Exceptions
• Itinerant workers such as shearers
• Workers carrying bulky equipment where home is base of operations
eg musicians, tradesmen
• Receiving a travel allowance does not necessarily mean 26
that travel expenses will be deductible
Self‐Education
• Must have a sufficient connection with the production of
the taxpayer’s assessable income
• Study which maintains or improves taxpayer’s skills or
knowledge in current occupation – deductible
• Self‐education expenses incurred before employment
commences or to obtain new employment are not
deductible. However in Anstis the High Court held that
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self‐education expenses did not lose the connection to
assessable Youth Allowance income even though the
taxpayer’s purpose or motive was to acquire a
qualification to be a teacher.
• TR 98/9
• FCT v Anstis [2010] HCA 40 – see next slide
• FCT v Studdert (1991) 22 ATR 762
• FCT v Hatchet (1971) 2 ATR 557 27
• FCT v Finn (1961) 106 CLR 60
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Self‐Education
FCT v Anstis [2010] HCA 40
• The court found that self‐education expenses were deductible
against Youth Allowance and did not lose connection because
taxpayer’s ultimate purpose is to acquire a qualification
• Eligible taxpayers received amended tax assessments for 2007
to 2010 years if they:
• Received Youth Allowance to study full‐time
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• Declared it on their tax return
• Did not claim a deduction for self‐education expenses
• Paid tax
• From 1 July, 2011 s 26‐19 ITAA97 applies to prevent these
deductions – cannot deduct loss or outgoing incurred in
gaining or producing a “rebatable benefit” within
meaning of s 160AAA ITAA36 which includes education
payments from Centrelink 28
Self‐Education
Types of deductible expenses
• Books, technical and trade journals
• Stationery and photocopying
• Student Union fees
• Public transport fees
• Car expenses
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• Seminars and professional development courses
• Depreciation of computers
Not deductible
• The first $250 of ‘expenses of self‐education’ – s 82A
ITAA36 – these include non‐deductible expenses such as
child care and non‐deductible travel
• HELP payments
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Rethink of Questions
Do you think a tax deduction would be allowable for the
following? Answer yes or no and give reasons.
1) A farmer pays a farm hand a wage of $500 per week.
2) Cost of childcare for a young couple who both work in order
to make their mortgage payments.
3) An accountant takes an important new client out to lunch and
pays for the meal.
BFA391 - 2018
4) Newspapers purchased by an accountant who advises clients
on financial and investment matters.
5) A sales assistant who works in Myer and is required to wear a
white shirt and black skirt or trousers – can they claim the
cost of these items?
6) As there are no staff parks left, a uni lecturer who is running
late for class parks in a voucher zone without displaying a
voucher and gets a parking fine.
7) A teacher who lives in New Norfolk and works in Hobart pays 30
$35 a week in bus fares to travel to work and back home.
10
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Limitations on Deductions –
Substantiation
• Remember fourth negative limb:
s 8‐1(2)(d) ‐ cannot deduct a loss or outgoing to
the extent that . . a provision of this Act
prevents you from deducting it
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• Must be able to substantiate deductions with
proper records and documentation – Div 900
• Must have written evidence of “work expenses”,
“car expenses”, and “business travel expenses”
• Extremely important in self‐assessment system ‐
underline trust imposed upon taxpayer in
preparing returns which will provide the basis for 31
calculation of tax payable
provision of the Act and
• Need to substantiate it by getting written evidence
• Note: special rules for fuel or oil – s 900‐15(2)
• Retaining records – s 900‐25
• Five years from date of lodgement
• Period extended if involved in a dispute relating to
expense
• If deduction claimed but written evidence not kept
assessment may be amended 32
• Loss of records ‐ s 900‐205
• Small amounts ‐ can keep “diary entry” for expenses $10
or less up to total of $200 ‐ s 900‐125
• Laundry ‐ can deduct up to $150 (relating to deductible
uniform ‐ $1 per full load of washing) without written
evidence – s 900‐40
• Can claim laundry and “small amounts” diary even if
work expenses >$300 but these form part of the $300 33
small total
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Example
A taxpayer paid for the following income‐related expenses:
• Books $165
• Stationery $120
• They estimate laundry expense of $120 for a
deductible uniform
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• Work expenses (including laundry) total more than $300
• Small total exception does not apply
• Must substantiate the books and stationery
• Do not need written evidence of laundry expenses as
<$150
• If total work expenses is over $300 taxpayer must have
written evidence of EVERTHING from the first dollar
spent (except laundry and diary of small expenses) 34
2) Log book
• Must own or lease the car, s 28‐12(1)
• Must only use one method per car per year but
• May change methods year to year or use different
methods for different cars in the same year, s 28‐20
• Changing methods may have consequences on disposal
of car
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• Linda bought a car on 1 July, 2017 for $45,000. The
engine capacity of the car is 2,100 cc’s and Linda uses the
car for income‐producing purposes. During the 2017/18
year she travels 36,000 km in total. She kept a log for 12
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weeks which showed a business percentage of 65%.
Annual Costs:
• Interest on Loan $4,680
• Decline in value (calc next lecture) 5,625
• Registration & Insurance 2,300
• Repairs 900
• Petrol 5,040 37
$18,545
Linda would use the Log Book method.
38
Car Expenses
Before 1 July 2015 (you will not be examined on these)
Cents per kilometre method – Subdiv 28‐C,
• Standard rate was based on engine capacity and varied
each year. In 2014‐15 year ranged from 0.65c to 0.77c.
12% of cost method – Subdiv 28‐D,
• Deduction = 12% of original cost (or car limit) when
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acquired
• No substantiation required
• Business use must exceed 5,000 km based on reasonable
estimate
One‐third actual expenses method ‐ Subdiv 28‐E
• Deduction of 1/3 of actual car expenses including
depreciation and interest
• Substantiation of records required under Subdiv 900‐C 39
• Business use must exceed 5,000 km
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40
900‐20, s 900‐85, Subdiv 900F
• Travel diary involves recording:
• Nature of activity
• Day and time begun
• How long it lasted
• Where you engaged in it
• s 900‐150 41
• Commissioner publishes rates he considers reasonable
– based on Aust Public Service rates – TD 2016/13
• Overseas travel – same as domestic (s 900‐55)
except:
• Accommodation expenses must be substantiated with
written evidence
42
• Travel diary must still be maintained if absent 6+ nights
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Review
• General Deductions – s 8‐1
• Positive and negative limbs – how do they interact and what do
the terms mean
• Some deductions covered by sec 8‐1 including
• Uniform and Protective Clothing
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• Home Office Expenses
• Travel
• Self‐Education
• Substantiation
• Records you must keep
• Exceptions to the requirements
• Work, car and travel expenses
43
Next lecture
Specific Deductions – Section 8‐5
• Borrowing Expenses
• Tax Losses
• Capital Works
• Tax Related Expenses
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• Bad Debts
• Gifts
• Repairs
Uniform Capital Allowances (Depreciation)
Text Chapters 13 and 14 45
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All rights reserved.
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BFA391 - 2018
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