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Travel Expense Is Not Deductible Essay

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1. Driving from office to a Court in the suburbs satisfies the positive limb under s 8-1 of ITAA 1997. Travel expense is a general deduction since it relates to the same income producing activity. Travel expense is related to gaining assessable income and is deductible under s 8-1 of ITAA 1997.
Driving from Court to home is not a general deduction under s 8-1 of ITAA 1997. Travel expense incurred is a domestic matter, since driving from work to home and vis-a-versa is expense that is ‘incurred in putting the tax payer in position to gain or produce assessable income’. This expense does not satisfy positive limb under s 8-1 of ITAA 1997: Lunney v FCT; Hayley v FCT (1958). The expense is not deductible.

2. Traveling expense between two unrelated places of work does not satisfy positive limb under general deduction s8-1 of ITAA 1997: FCT v Payne (2001). Government has introduced s 25-100 into ITAA 1997 where it can be a specific deduction if specific requirements of s 25-100 has been met.
However, since Jim is carrying 4 big folders with him to review at his farm in Cooma, travel expense satisfies a positive limb under s 8-1 of ITAA 1997. Under s 8-1 of ITAA 1997 if a tax payer carrying heavy items or equipment to perform their employment duties at home or other unrelated place of work, the expense is deductible under s 8-1 of ITAA 1997: FCT v Vogt (1975). Expense is occurred in the course of producing assessable income.

3. As discussed above in point (1), travelling

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