Private ruling: Deductibility Self education expenses
Published: July 2012
Ruling period: Year ended 30 June 2013
Date scheme commenced: 1 July 2012

Ruling: Q1: Are you entitled to a deduction for expenses incurred in undertaking a course? | 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 allows a deduction for all losses and outgoings to the extent to which they are incurred in gaining or producing assessable income except where the outgoings are of a capital, private or domestic nature, or relate to the earning of exempt income. Taxation Ruling TR 98/9 Income tax: deductibility of self-education expenses incurred by an employee or a person in business, discusses the circumstances under which self-education expenses are allowable as a deduction. Paragraphs 13 and 14 of Tax Ruling TR 98/9 provides that self education expenses will satisfy the requirements of section 8-1 of the ITAA 1997 if: · a taxpayers income-earning activities are based on the exercise of a skill or some specific knowledge, and the subject of self-education enables the taxpayer to maintain or improve that skill or knowledge; or · the study of a subject of self-education objectively leads to, or is likely to lead to, an increase in a taxpayer's income from their current income-earning activities in the future. Therefore, provided there is sufficient connection between your course of self-education and your current income earning activities, you are entitled to claim a deduction for your self-education expenses. However, paragraph 15 of TR 98/9, provides that self-education expenses will not be deductible if the study is intended to: · enable you to get employment; · enable you to obtain new employment; or · to open up a new income-earning activity (whether in business or in your current employment). This includes studies relating to a particular profession, occupation or field of employment in which a taxpayer is not yet engaged. The expense is considered to be incurred at a point too soon to be regarded as incurred in gaining or producing assessable income ( FC of T v. Maddalena 71 ATC 4161; 2 ATR 541). In your case you are studying a commercial helicopter pilot's course whilst employed as an air-crewman in a non-flying capacity. On successful completion of the course you will have a licence to fly the helicopter and your position will change from being a non-flying air-crewman to a pilot. This change of position will lead to a substantial a pay rise of approximately $70,000 - $80,000 per annum. | Detailed Reasoning - Studdert's Case: In your request for a private binding ruling you have made reference to the case of FC of T v. Studdert 91 ATC 5006; (1991) 22 ATR 762 (Studdert's case). In Studdert's case, the taxpayer, a flight engineer, sought a deduction for expenses incurred on light aircraft flying lessons leading to a private pilot's licence. The Administrative Appeals Tribunal (AAT) (91 ATC 2007; (1991) 22 ATR 3042) at first instance was prepared to accept that it was part of Mr Studdert's duties to understand the overall workings of aircraft flight. The AAT allowed the expenditure on the basis that the lessons improved his proficiency in those duties. It also found that Mr Studdert rightly believed that possession of the pilot's licence would assist him in promotion to higher grades as an engineer, although the AAT did not consider it necessary to base its decision on this finding. On appeal to the Federal Court, Hill J substantially agreed with the decision of the AAT. His Honour found that the expenses were relevant and incidental to the activities as flight engineer that directly produced Mr Studdert's income. This finding was based on the facts that undertaking the lessons made him better equipped to perform his skilled job and better proficiency was a motivation for undertaking the lessons. If necessary, his Honour would also have supported his decision with the finding that flying proficiency would assist Mr Studdert in promotion to higher grades in his current job (91 ATC 5006 at 5015-5016; (1991) 22 ATR 762 at 772). Your case differs from that of Studdert in that in undertaking the private pilot's licence course the AAT found that the lessons improved Studdert's proficiency in his current engineering duties and that this would assist him to gain promotions to higher grades as an engineer. However, in your case you are undertaking the commercial pilots course to enable you to change from being a non-flying air-crewman to a pilot, this change is not consistent with Studdert's case as Studdert sought advancement in his current role as an engineer. | Detailed Reasoning - Assefa's Case: In the case of Assefa v FC of T [2009] AATA 2 ( Assefa's case ), it was considered whether studying a course of education in order to advance to a higher classification of nursing was opening up a new income earning capacity. The taxpayer in this case was employed as an assistant in nursing and a care service employee while studying a Bachelor of Nursing degree. The Administrative Appeals Tribunal held in Assefa's case that no deduction was allowable for the self-education expenses. It was determined that there was a significant difference between the position of enrolled nurse and registered nurse on one hand, and personal care assistant/nursing assistant on the other. The taxpayer was not considered to be incurring the expenditure in gaining or producing her assessable income, but was studying towards their initial qualification as a registered nurse. Your case is simular to Assefa's case in that although the knowledge gained from completing a commercial pilot licence course may be of some assistance to you in your current employment duties of supporting the pilot, this is merely incidental to the main purpose for undertaking the course, which is to become a fully qualified pilot. Furthermore, the subjects studied will provide you with skills and abilities far in advance of those that are required in your current employment duties. Therefore, it is considered that the study does not have the required connection to your current income-earning activities consistent with those views expressed in Assefa's case. The knowledge, skills and abilities you will have gained from completion of the course will assist you in opening up a new income earning activity as a qualified commercial pilot and therefore they have been incurred at a point to soon. Accordingly, you are not entitled to a deduction for expenses incurred in gaining a commercial pilot licence, under section 8-1 of the ITAA 1997.

Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet. | Relevant facts: You are employed full time. | As a consequence of your employment you are required to perform support related duties. | Higher qualifications are required to operate the machinery. | You have undertaken a course that is provided by an accredited training organisation. | You have undertaken this course for the following reasons: | · further your knowledge and increase your expertise in your field. | · allow you to perform your position more effectively; and | · you may be required to relieve a colleague if they became incapacitated for any reason. | · the course included theoretical training | The training is conducted on smaller machines that are specifically used for training purposes. | You studied for this qualification in your own time. | While your employer has not provided you with any assistance, it is encouraged within the organisation for staff to further their education. | On successful completion of the course your position will change considerably. | You will incur expenses directly related to the undertaking of the course.