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发表于 2014-6-5 12:41:30
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forevermary 发表于 2011-2-5 10:51
加上reference ID2003/955
I think you applied the ID2003/955 incorrectly. Please be aware that any ATO ruling is applicable when the fact matches your situation. Clearly it is not in this case.
ID2003/955 (indeed, always refer to the law itself instead of just the ATO rulings, Section 25-5 of ITAA 1997 is relevant here) is about the deductibility of managing "your" tax affair. The cost is deductible only for managing the taxpayer's own tax affair. When the purpose of attending such course is to obtain employment, it is not to manage own tax affair.
One may argue that the taxpayer took the course for dual purpose, however, the ATO or the court will determine based on the fact. From what I read, LZ can NOT apply S25-5, nor ID 2003/955.
It is quite risky using any ATO ID, TR or similar publications without close look of the fact, also bear in mind the ATO can be wrong. Lots of court cases see the ATO amending its ID or TR. |
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