Ruling examples

Example 1 – draft ruling on deductibility of self-education expenses

Subject

Self-education expenses

Question

Will the self-education expenses be an allowable deduction under section 8-1 of the Income Tax Assessment Act 1997?

Answer

Yes.

Relevant facts and circumstances

Suggested objective facts to include:

• details of the course being undertaken
• whether you are employed, or receiving government assistance to study
• if employed, full description of employment duties and status
• purpose of the course – and your future intentions
• a description of the expense incurred or to be incurred.

Assumptions

Nil.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1.

Reasons for decision

Summary

The expenses you incur in relation to your study are deductible as they maintain or increase the specific knowledge required in your current position and to carry out your duties more effectively.

Detailed reasoning

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. A deduction is allowable for self-education expenses if a taxpayer's current income-earning activities are based on the exercise of a skill or some specific knowledge and the subject of the self-education enables the taxpayer to maintain or improve that skill or knowledge (Commissioner of Taxation (Cth) v Finn [1961] HCA 61.

Similarly, if 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 his or her current income earning activities in the future, a deduction is allowable.

However, no deduction is allowable for self-education expenses if the study is designed to enable a taxpayer to open up a new income-earning activity, whether in business or in the taxpayers current employment. Such expenses of self-education are incurred at a point too soon to be regarded as incurred in gaining or producing assessable income (Federal Commissioner of Taxation v Maddalena 71 ATC 4161 and paragraphs 15, and 48-62 of TR 98/9).

In your situation, the course of study can be objectively seen as being undertaken in order to maintain or increase the specific knowledge required in your current position and to carry out your duties more effectively. The study has not been undertaken at a point too soon to be regarded as being incurred in respect of your current income earning activities and is not seen as opening a new discrete income earning activity. Accordingly you are entitled to a deduction for the expenses you incur in respect of the study.

Example 2 – draft ruling on whether a beverage will meet the definition of ‘beer’ for excise purposes

Subject

Flavoured beverage

Question

Will the product meet the definition of ‘beer’ as defined in The Schedule to the Excise Tariff Act 1921?

Answer

Yes.

Relevant facts and circumstances

The product to be manufactured is a flavoured beverage.

The production methodology is as follows:

• An aqueous extract is produced utilising the traditional brew house processes of mashing, lautering and cooling.
• The aqueous extract is made up of wheat malt (85%) and sugar (15%).
• Hops are added at the boiling stage.
• The wort is cooled to 20^oC and yeast strain is added.
• The brew is transferred to a fermenter for fermentation to occur.
• After maturation the brew is filtered and sugar and flavours are added.
• The beverage is carbonated.
• Water is added to the mash.

Hops is added during the production process. The addition of the hops gives the product an International Bitterness Units (IBU’s) measurement of 5.0.

After the fermentation phase, the quantity of sugar in the beverage is measured to ensure that there is no residual sugar after fermentation.

No artificial sweeteners are added to the beverage.

The following are added to the beverage during the production process:

• 2g of sugar (sucrose) per litre
• 0.5ml per litre of sodium benzoate (25%) in water (if unpasteurised) – this is not added if the beverage is to be pasteurised
• 2.4ml per litre of citric acid (50%) w/w in water
• 4ml per litre of fruit flavour
• does not contain any sugar
• does not contain any alcohol.

No spirit distilled from beer is added to the beverage at any time in the production process.

The alcohol content of the final beverage is 4.5%.

Relevant legislative provisions

Excise Tariff Act 1921 The Schedule

Reasons for decision

Summary:

The product is considered to be a ‘beer’ for the purposes of the Excise Tariff Act 1921.

Detailed reasoning:

From 28 August 2009 the Schedule to the Excise Tariff Act 1921 provides that:

• beer means a brewed beverage that
  • (a)  is the product of the yeast fermentation of an aqueous extract, being predominantly an aqueous extract of cereals        
    • (i) whether the cereals are malted or unmalted; and
    • (ii) whether or not the aqueous extract contains other sources of carbohydrates; and
  • (b) contains:
    • (i) hops, or extracts of hops, such that the beverage has international bitterness units of not less than 4.0; or
    • (ii) other bitters such that the beverage has a bitterness comparable to that of a beverage mentioned in subparagraph (i); and
  • (c) contains not more than 4.0% by weight of sugars; and
  • (d) has not had added to it, at any time, artificial sweetener; and
  • (e) may have had added to it, at any time, other substances, including flavours, but only if, in the case of substances that contain alcohol (other than spirit distilled from beer), the alcohol did not add more than 0.5% to the total volume of the final beverage; and
  • (f) may have had added to it, at any time, spirit distilled from beer, but only if that spirit did not add more than 0.5% to the total volume of the final beverage; and
  • (g) contains more than 1.15% by volume of alcohol.

The flavoured beverage produced is the product of the yeast fermentation of an aqueous extract of predominantly wheat malt. The term 'predominantly' is not a defined term within the excise legislation therefore it takes its ordinary meaning of ‘mainly; for the most part.’ The flavoured beverage therefore satisfies the requirement of paragraph (a) of the definition of beer in the Schedule to the Excise Tariff Act 1921.

During the production process hops is added to your flavoured beverage which has 5 IBU’s. Therefore the beverage satisfies paragraph (b) of the definition of beer in the Schedule to the Excise Tariff Act 1921 as it contains hops and IBUs of not less than 4.0.

The final beverage does not contain more than 4.0% by weight of sugars and does not have any artificial sweeteners added to it during the production process. After the wheat malt and sugar are fermented the beverage does not contain any sugar. Additional sugar is added later in the production process, measured at 2 grams of sugar per litre. If there is any residual sugar in the beverage after fermentation the quantity of additional sugar added is adjusted to ensure that the final beverage does not contain more than 4.0% of sugars. Therefore, the flavoured beverage satisfies paragraphs (c) and (d) of the definition of beer in the Schedule to the Excise Tariff Act 1921.

During the production process the following is added to the beverage:

• 2g of sugar (sucrose) per litre
• 0.5ml per litre of sodium benzoate (25%) in water (if unpasteurised). This is not added if the beer is to be pasteurised
• 2.4ml per litre of citric acid (50%) w/w in water
• 4ml per litre of fruit flavour.

These additions do not add more than 0.5% alcohol to the total volume of the final beverage, therefore satisfying paragraph (e) of the definition of beer in the Schedule to the Excise Tariff Act 1921. The beverage also satisfies paragraph (f) of the definition of beer in the Schedule to the Excise Tariff Act 1921 as no spirit distilled from beer is not added to the beverage during the production process.

The flavoured beverage satisfies paragraph (g) of the definition of beer in the Schedule to the Excise Tariff Act 1921 as it contains 4.5% alcohol by volume.

Having satisfied all of the paragraphs within the definition of beer, the product is considered to be a ‘beer’ for the purposes of the Excise Tariff Act 1921.