ATO issues impact statement on WFH deductions case
What happened
The Full Federal Court ruling in Hall was followed by an ATO interim impact statement clarifying that pandemic lockdowns do not change the tax rules for occupancy and travel deductions. The ATO says ordinary rules of deductibility still apply and warns practitioners to follow existing technical guidance. Buyers should expect payroll and tax advisers to recast scopes and client deliverables to reflect the clarified liability profile and watch for remediation work requests
Buyer takeaway
Treat this as a real change to advisory scope: suppliers will need to document how they apply the judgment and may price remediation work accordingly
Cost / money
Directional upward pressure on short‑term advisory costs where suppliers need to deliver case‑by‑case reviews or corrective payroll runs
Supplier / commercial
Suppliers can justify narrower, documented SOWs and change orders for client-specific compliance work; buyers should demand scoped quotes
Safety / operations
Operational risk rises if payroll systems or adviser guidance are not updated — incorrect runs could trigger regulatory remediation
What to watch
Watch for suppliers asking for 'remediation' or 'clarification' fees and require written readiness statements instead of accepting verbal assurances
Key facts
- Full Federal Court decision in Hall
- ATO issued an interim decision impact statement
- Confirms COVID lockdown circumstances do not broaden deductibility
Source excerpts
The Full Court rejected the Tribunal's approach, instead ruling that an expense may be connected to income-earning activities yet still be non-deductible because its essential character remains private or domestic. In its interim decision impact statement, the ATO said that the Full Court decision supported the ATO's views in relation to the deductibility of occupancy expenses and work-related transport expenses set out in TR 93/30, TR 2021/1 and the Employees guide for work expenses
The Full Court rejected the Tribunal's approach, instead ruling that an expense may be connected to income-earning activities yet still be non-deductible because its essential character remains private or domestic
The Tax Office says the Full Federal Court decision in Hall confirms that the circumstances surrounding the pandemic lockdowns do not change what expenses can be claimed as deductions