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15 Mar 12 Withdrawal of TD 96/43 (travel between farm and residence)

On 14 March 2012, the ATO issued Notice of Withdrawal TD 96/43W, withdrawing Taxation Determination TD 96/43, with effect from the same day.

TD 96/43 is entitled "Income tax: where a taxpayer carries on a business of primary production on a property remote from their usual place of residence and employment/business, is a deduction automatically allowable for travel between: (1) the usual place of work and the property; or (2) the usual place of residence and the property?"

The Notice states:

"Following the court decision in FCT v Payne [2001] HCA 3; (2001) 202 CLR 93; 2001 ATC 4027; (2001) 46 ATR 228 and the subsequent enactment of s 25-100 of ITAA 1997, TD 96/43 no longer reflects the current state of the law...The deductibility of travel expenses is now addressed by s 25-100 and s 8-1 of the ITAA 1997."


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