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ATO Interpretative Decision

ATO ID 2002/910 (Withdrawn)

Income Tax
Volunteer Firefighter - Purchase of Equipment

Attention This ATO ID is withdrawn. Guidance on the issue contained in this ATO ID can be found at the following Deductions you can claim (QC 31967).
Attention This document has changed over time. View its history.

Status of this decision: Decision withdrawn 22 September 2017.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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 the taxpayer entitled to a deduction under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) for the cost of firefighting equipment which will be used in their work as a volunteer firefighter?

Decision

No. The taxpayer is not entitled to a deduction under section 8-1 of the ITAA 1997 for the costs for firefighting equipment which will be used in their work as a volunteer firefighter.

Facts

The taxpayer is a volunteer firefighter.

The taxpayer is required to have their own firefighting equipment as the council only issues them with basic fire protection equipment.

The taxpayer intends to purchase various items of firefighting equipment.

The taxpayer received a taxable payment from Centrelink as a reimbursement for any pay lost from their normal employment whilst the taxpayer was in volunteer fire service.

As a volunteer the taxpayer receives no other payment for their firefighting services.

Reasons for Decision

Section 8-1 of the ITAA 1997 allows a deduction for all losses and outgoings to the extent to which they are incurred by an individual 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.

A number of significant court decisions have determined that, for an expense to satisfy the tests in section 8-1 of the ITAA 1997:

·
 it must have the essential character of an outgoing incurred in gaining assessable income or, in other words, of an income producing expense ( Lunney & Hayley v. Federal Commissioner of Taxation (1958) 100 CLR 478; [1958] HCA 5; (1958) 7 AITR 166; (1958) 11 ATD 404)
·
 there must be a nexus between the outgoing and the assessable income so that the outgoing is incidental and relevant to the gaining of assessable income ( Ronpibon Tin NL & Tong Kah Compound NL v. Federal Commissioner of Taxation (1949) 78 CLR 47; [1949] HCA 15; (1949) 4 AITR 236; (1949) 8 ATD 431); and
·
 it is necessary to determine the connection between the particular outgoing and the operations or activities by which the taxpayer most directly gains or produces his or her assessable income ( Charles Moore & Co (WA) Pty Ltd v. Federal Commissioner of Taxation (1956) 95 CLR 344; [1956] HCA 77; (1956) 11 ATD 147 (1956); 6 AITR 379; FC of T v. Cooper (1991) 29 FCR 177; [1991] FCA 164; 91 ATC 4396; (1991) 21 ATR 1616; Roads and Traffic Authority of NSW v. FC of T (1993) 43 FCR 223; [1993] FCA 314; 93 ATC 4508; (1993) 26 ATR 76; Federal Commissioner of Taxation v. Hatchett (1971) 125 CLR 494; [1971] HCA 47; 71 ATC 4184; (1971) 2 ATR 557).

The taxpayer received a payment from Centrelink which was paid as compensation for any lost wages whilst the taxpayer was in volunteer fire service. The expenditure to be incurred will not have the required nexus with the Centrelink payment as the amount was not paid to the taxpayer for their services as a firefighter.

The expenditure will therefore not be incurred in the course of gaining or producing the taxpayer's assessable income. Consequently, the taxpayer will not be entitled to a deduction under section 8-1 of the ITAA 1997 for the costs of firefighting equipment which they will use as a volunteer firefighter.

Amendment History

Date of Amendment Part Comment
31 August 2015 Facts Removed name of payment from Centrelink
  Reasons for Decision Added to case references
  Case References Added to case references

Date of decision: 6 September 2002

Year of income:Year ending 30 June 2003

Legislative references:
Income Tax Assessment Act 1997
   section 8-1

Case references:
Lunney & Hayley v. Federal Commissioner of Taxation
   (1958) 100 CLR 478
   [1958] HCA 5
   (1958) 7 AITR 166
   (1958) 11 ATD 404

Ronpibon Tin NL & Tong Kah Compound NL v. Federal Commissioner of Taxation
   (1949) 78 CLR 47
   [1949] HCA 15
   (1949) 4 AITR 236
   (1949) 8 ATD 431

Charles Moore & Co (WA) Pty Ltd v. Federal Commissioner of Taxation
   (1956) 95 CLR 344
   [1956] HCA 77
   (1956) 11 ATD 147
   (1956) 6 AITR 379

FC of T v. Cooper
   (1991) 29 FCR 177
   [1991] FCA 164
   91 ATC 4396
   (1991) 21 ATR 1616

Roads and Traffic Authority of NSW v. FC of T
   (1993) 43 FCR 223
   [1993] FCA 314
   93 ATC 4508
   (1993) 26 ATR 76

Federal Commissioner of Taxation v. Hatchett
   (1971) 125 CLR 494
   [1971] HCA 47
   71 ATC 4184
   (1971) 2 ATR 557

Keywords
Protective clothing expenses
Protective clothing
Fire fighting & prevention equipment
Volunteer workers
Volunteers

Siebel/TDMS reference number: TDMS/Siebel case: CW3136755/1-6P08QSX

Business line: Small Business/Individual Taxpayers

Date of publication: 16 September 2002

ISSN: 1445-2782

ATO ID 2002/910 (Withdrawn) history   Top  
   Date   Version 
    6 September 2002   Original statement   
   31 August 2015   Original statement   
 You are here ®  22 September 2017   Withdrawn   


 


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