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