AAT affirms ATO decision to disallow NAVY sailor deduction of work related expense

This article examines the Administrative Appeals Tribunal (AAT) decision in the ATO case against Cameron Lambourne, an electronic technician with the Australian Navy about the Sailor’s work-related expense.

Why This Case Matters

As experienced accountants and tax agents in Ashfield, Sydney, and Adelaide, we believe this case offers valuable insights for taxpayers. Understanding how the AAT evaluates work-related deductions can help individuals avoid similar issues.

AAT Decision: No Evidence, No Deduction

The AAT ruled that Mr. Lambourne could not claim over $10,000 in deductions for expenses, including gym equipment and work uniforms.

Uniform Expense: No Proof, No Claim

Mr. Lambourne claimed $1,655 for work-related clothing purchased from a Naval Maritime Uniform store. During the ATO audit, he failed to provide receipts, stating that he had an account with the store. However, the store had gone into liquidation, and the ATO could not retrieve records. The AAT upheld the ATO’s decision, concluding that without evidence, there was no connection between the uniform cost and his job duties.

Gym Equipment: Personal Expense, Not Deductible

Mr. Lambourne also claimed $6,000 in other work-related expenses, but the ATO reduced this to $209 after an audit. Among the rejected claims was $1,688 for gym equipment, which he purchased for his ship as a military fitness leader.

The ATO argued that the gym equipment was not a Navy requirement and that Mr. Lambourne bought it voluntarily for personal and crew benefit. The AAT agreed, concluding that while he used the equipment in his role, there was no sufficient evidence linking the purchase to earning his income. This ruling reinforces the strict criteria for claiming a Sailor’s work-related expense, highlighting the importance of clear documentation and direct job relevance when claiming deductions.

Tribunal’s Key Statements

AAT member Deborah Mitchell explained:

  • A work-related expense must have a direct link to earning income.
  • The Navy already provided necessary equipment for his duties.
  • His spending benefited the Navy and fellow sailors, rather than directly producing assessable income.

The AAT also upheld a 25% administrative penalty on Mr. Lambourne.

How EndureGo Tax Can Help

When preparing complex tax returns, we thoroughly research the claim and, if necessary, seek a private ruling or legal opinion. If the ATO audits you, we are here to help. Contact us at 1800-841-312.