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ATO Interpretative Decision

ATO ID 2002/776 (Withdrawn)

Income Tax
Deductibility of Vaccination Expenses - employers

Attention This ATO ID is withdrawn. The view in this ATO ID is now contained in ATO ID 2002/775 Income Tax Deductibility of vaccination expenses - sole trader.
Attention This document has changed over time. View its history.
FOI status: may be released
Status of this decision: Decision withdrawn 22 September 2017.

CautionCAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.


Issue

Is an employer entitled to a deduction under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for medical expenses incurred to vaccinate employees against Q fever, which is a well recognised occupational hazard in the cattle industry?

Decision

Yes. The medical expenses are necessarily incurred in carrying on a business for the purpose of gaining the employer's assessable income and are, therefore, deductible in accordance with paragraph 8-1(1)(b) of the ITAA 1997.

Facts

The taxpayer operates a business that requires its employees to be directly exposed to cattle that may be infected with Q fever on a regular basis. Q fever is a well recognised occupational hazard within the cattle industry.

The taxpayer incurred medical expenses to vaccinate employees against Q fever. Only those employees who are likely to come into direct contact with potentially infected animals and who are at most risk of contracting the disease were vaccinated.

Reasons for Decision

Medical expenses incurred by an employer to vaccinate employees who are at risk of contracting Q fever are regarded as arising directly from the employer's income earning activities. Consequently, the medical expenses are of a business nature and an allowable deduction in accordance with paragraph 8-1(1)(b) of the ITAA 1997.

Date of decision: 12 June 2002

Year of income:Year ending 30 June 2002

Legislative References:
Income Tax Assessment Act 1997
   section 8-1
   Paragraph 8-1(1)(b)

Case References:
Mansfield v. FC of T
   96 ATC 4001
   31 ATR 367

Related Public Rulings (including Determinations)
Taxation Ruling TR 95/8
Taxation Ruling TR 2003/16

Related ATO Interpretative Decisions
ATO ID 2002/775

Keywords
Deductions & expenses
Medical expenses
Occupational health & safety expenses
Employees

Siebel/TDMS Reference Number: CRS77780

Business Line: Small Business/Individual Taxpayers

Date of publication: 31 July 2002

ISSN: 1445-2782

ATO ID 2002/776 (Withdrawn) history   Top  
   Date   Version 
   12 June 2002   Original statement   
 You are here ®  22 September 2017   Withdrawn   


 


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