EV 1052356820725currentnon-binding advice

Deduction - legal expenses

Non-binding edited private advice. This is an edited version of private advice the ATO gave to a specific taxpayer about their own circumstances. You cannot rely on it — it is not binding and provides no protection for anyone else (see PS LA 2008/4). Use it as a guide to the ATO’s thinking, not as authority.

1

1 Can you claim an income tax deduction for legal fees you incurred?

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1 Yes. Section 8-1 of the ITAA 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. In your case, you incurred legal expenses to defend allegations of workplace misconduct made against you. These allegations directly related to your daily work duties in which you derive your assessable income. These expenses are characterised as being of a revenue nature and are deductible. Therefore, you will be entitled to a deduction for the legal expenses you incurred under section 8-1 of the ITAA 1997. This ruling applies for the following periods: Year ended 30 June 20XX Year ended 30 June 20XX The scheme commenced on: 1 July 20XX

3

You are currently under investigation by your employer for various issues that relate to carrying out your employment duties. You incurred legal expenses in defending the workplace allegations. You are not seeking a redundancy payment, eligible termination payment or another lump sum payment.

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Income Tax Assessment Act 1997 Section 8-1