Private ruling: Self-education expenses
Date of advice: 17 November 2023
Published: 15 January 2024
Ruling period: Year ended 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Are you entitled to a deduction for the unreimbursed portion of your subject fees incurred as part of studying your post-graduate degree? | A1: Yes. Having considered your circumstances and the relevant factors, you are entitled to a deduction for the unreimbursed portion of your subject fees incurred as part of studying your post-graduate degree. We accept the subject will maintain or enhance the skills that are required in the performance of your current employment. The subject has the relevant connection to your current income earning activities. We accept that the subject meets the requirements detailed in Taxation Ruling TR 2023/D1 Income tax: deductibility of self-education expenses incurred by an individual. Further information on self-education expenses including how to calculate your claim can be found on our website ato.gov.au and entering quick code QC72166 into the search bar at the top right of the page.

Relevant facts and circumstances: For several years, you have worked for Employer 1 in the field of law. During the ruling period, you commenced studying a post-graduate degree. This was not at a commonwealth supported place. You incurred a debit to your FEE-HELP loan account of $XX for your subject fees. Your employer reimbursed you a portion of the subject fees. For several years, you were also a casual employee at Employer 2 in the field of law. You did not work any hours during the ruling period due to an increased pool of casual employees. However, you expect you will get work in this role in future years. For several years, you also worked both as a sole trader and an employee of Employer 3 in the field of law. During the ruling period, your contract with Employer 3 was varied, and your hourly rate of pay increased. Your employer confirmed by email that this was a direct result of undertaking post-graduate study. After the ruling period, you changed roles at Employer 1 but continued work in the field of law.

Relevant legislative provisions: Income Tax Assessment Act 1997 section 8-1