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JamesMillar
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brownbag, post: 263908, member: 112769 wrote:
We use spotify in our shop regularly and can obviously claim the $11.99 monthly subscription fee for this. But I’d like to set up a family plan so that my children can also share in this. The family plan is $17.99. Obviously I can’t claim $17.99 for this as I only really needed to pay $11.99 to get the spotify service for the business.

How would the ATO see the situation if I use the family plan receipts of $17.99 but only claim $11.99 of this for the business? Has anybody else had experience with similar family plans (i.e., Apple, Spotify, Google Play).

I’m going to throw out a red herring here (extreme as it sounds).

1. I am not an expert in breach of artistic rights but breach of copyright may in some cases be a criminal offence in Australia (not sure of indictable in exreme cases or not)

2. Most of these music services offer consumer licensing only which means any commercial use is outside the license. Is that a copyright infringement? EG https://support.spotify.com/no/using_spotify/the_basics/use-spotify-in-my-bar-restaurant-store-school-etc/

3. Finally to the tax deduction ..you cannot claim tax deductions for illegal activity. ITAA 1997 Sect 26.54
http://classic.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s26.54.html