Deductibility of Employee Transport Expenses (2) – General Deduction Principles

An employee can claim deductions for their travel expenses under Section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) if:

1. The expenses are incurred while earning assessable income.
2. They're not related to capital, private, or domestic matters.
3. The relevant substantiation requirements are met, outlined in Division 900 and Division 28 (for expenses related to cars).

Draft Taxation Ruling (TR) 2019/D7 focuses on when these conditions are met regarding an employee's travel costs. It clarifies when these expenses are considered incurred while earning assessable income and when they aren't considered private or domestic.

Although TR 2019/D7 doesn't delve into the specific deduction provision in Section 25-100 (for travel between work locations), understanding this section is still valuable. Employees who don't qualify for a general deduction may still be eligible for a deduction for travel costs if they meet the requirements of Section 25-100.

Essentially, Section 25-100 allows employees to deduct travel costs between two work locations (where they don't live) where separate income-earning activities are carried out. This provision was introduced to address a court decision where a general deduction wasn't available in such situations.

According to the ATO, this specific deduction provision applies only when employees travel between work locations with separate income-earning activities. It doesn't apply if the same employment or income-earning activities happen at both locations (for instance, when an employee travels between different locations of the same employer).

In such cases, a deduction is only available if the conditions of Section 8-1 (the general deduction provision) are met.

Should you have any questions or need assistance, feel free to reach out to                            Tax Ideas Accountants & Advisers at +61 2 83181545 or book an appointment through our live calendar.

• Deductibility of Employee Transport Expenses (1)
• Deductibility of Employee Transport Expenses (3) – Key Principles of TR 2019/D7
• Deductibility of Employee Transport Expenses (4) – Between Home and a Regular Place of Work
• Deductibility of Employee Transport Expenses (5) – Geographically Distant Places of Work
• Deductibility of Employee Transport Expenses (6) – Changing Regular Place of Work
• Deductibility of Employee Transport Expenses (7) – Exceptions
• Deductibility of Employee Transport Expenses (8) – Alternative Work Location
• Deductibility of Employee Transport Expenses (9) – Between Home and a ‘Transit Point’