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1. The meaning of ‘prescribed course of education’
Prior to 1 July 1998, the ATO limited the application of S.82A to courses that were run by universities,
high schools and other educational bodies that were established for the primary purpose of education.
Consequently, many courses provided by professional associations, such as the CA Program (formerly
known as the ‘Professional Year’) for accountants studying to become a Chartered Accountant, were
not considered a “prescribed course of education”. Therefore, any claim for self-education expenses
was not reduced by the first $250, as required under S.82A of ITAA 1936.
Since 1 July 1998, the opinion of the ATO is that where course content is “assessed and tested”, it will
be a prescribed course of education. Therefore, S.82A will deny the first $250 that a taxpayer can
claim as self-education expenses. This applies to courses run by organisations such as the CPAs and
Institute of Chartered Accountants, even though they are not run by recognised universities or schools. |
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