Private ruling: Visa expenses
Published: September 2013
Ruling period: Year ended 30 June 2013
Date scheme commenced: 1 July 2012

Ruling: Q1: Are you entitled to claim a tax deduction for the costs associated with your application for a permanent residency visa? | A1: No


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

Reasons for decision: Summary: Section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) broadly allows a deduction for any losses or outgoings to the extent to which they are incurred in gaining or producing assessable income except to the extent outgoings are of a capital, private or domestic nature. The courts have considered the meaning of 'incurred in gaining or producing the assessable income'. In Ronpibon Tin NL Tong Kah Compound NL v. Federal Commissioner of Taxation (1949) 78 CLR 47; 56 ALR 785; 8 ATD 431 the High Court stated that 'For expenditure to form an allowable deduction as an outgoing incurred in gaining or producing the assessable income it must be incidental and relevant to that end. The words "incurred in gaining or producing assessable income" mean in the course of gaining or producing such income.' The expenditure must therefore be related to the production of assessable income. The cost of applying for a permanent residency visa is considered private in nature and not deductible under section 8-1 of the ITAA 1997 because the purpose of applying for the visa was to allow you to remain legally in Australia. The cost was not incurred in the performance of your employment duties. Accordingly, as the expense you incurred in applying for the visa was not incurred in gaining your assessable income, you are not entitled to a deduction for this cost.

Relevant facts: You are working in Australia as a temporary resident. | The opportunity arose for you to undertake training in a certain professional field. | Before applying you were only on a temporary visa. | You incurred expenses on obtaining your permanent residency for the specific purpose of undertaking the training.