Income Tax (Transitional Provisions) Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 328 - Small business entities  

SECTION 328-450   Expenditure eligible for the bonus deduction for upskilling employees of small business entities etc.  

328-450(1)    
This section applies to expenditure if:

(a)    you incur the expenditure for the provision of:

(i) in-person training for one or more of your employees located in Australia; or

(ii) online training for one or more of your employees; and

(b)    at each time you incur any of the expenditure for any of the training provided by a particular provider:

(i) the provider is a registered body of a kind listed in subsection (2) ; and

(ii) if the provider is a registered body of a kind listed in paragraph (2)(b) , (c) or (d) - the training is within the provider ' s scope of registration for that kind of registered body; and

(c)    none of the providers of the training is you or an associate of you; and

(d)    each enrolment, or arrangement, for the provision of the training is made or entered into at or after 7.30 pm, by legal time in the Australian Capital Territory, on 29 March 2022; and

(e)    the expenditure is charged, directly or indirectly, to you by the providers of the training.

Note:

Paragraphs (b) and (c) mean this section will not apply to expenditure for on-the-job training or training provided by you in house.

328-450(2)    
For the purposes of paragraph (1)(b) , the kinds of registered bodies are as follows:

(a)    a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011) ;

(b)    a NVR registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011) ;

(c)    a registered education and training organisation (within the meaning of the Education and Training Reform Act 2006 (Vic.));

(d)    a registered training provider (within the meaning of the Vocational Education and Training Act 1996 (WA)).