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Edited version of your private ruling
Authorisation Number: 1012502926450
Ruling
Subject: Tax offsets - medical expenses
Question
Do the costs associated with your medical treatment qualify as eligible medical expenses for the purposes of the medical expenses tax offset?
Answer
Yes.
This ruling applies for the following periods
Year ended 30 June 2013
Year ending 30 June 2014
The scheme commences on
1 July 2012
Relevant facts and circumstances
You were referred to a specialist for medical treatment.
You paid a deposit, and continue to pay further instalments, for the treatment received from a legally qualified medical professional.
Relevant legislative provisions
Income Tax Assessment Act 1936 Section 159(P)
Income Tax Assessment Act 1936 Subsection 159P(1)
Income Tax Assessment Act 1936 Subsection 159P(4)
Reasons for decision
A medical expenses tax offset is available under subsection 159P(1) of the Income Tax Assessment Act 1936 (ITAA 1936) where the taxpayer pays eligible medical expenses in an income year for themselves or a dependant who is an Australian resident.
The medical expenses tax offset is only available if the amount of medical expenses, after being reduced by any entitlement to reimbursement from a health fund or government authority such as Medicare, exceeds the threshold amount.
The amount of net medical expenses tax offset you can claim will now depend on your level of income.
You will only be able to claim an offset of 10% of your net medical expenses over $5,000 if you have an adjusted taxable income (ATI) above:
· $84,000 if you are single, or
· $168,000 if you are a couple or family
The family threshold will increase by $1,500 for each dependent child after the first.
If your ATI is below these income thresholds, you are not affected by this change and can continue to claim an offset of 20% of your net medical expenses over the relevant threshold amount.
For the 2012-13 financial year the threshold amount is $2,120. Please note that the threshold amount is subject to indexation and will change in future income years.
Subsection 159P(4) of the ITAA 1936 defines medical expenses which are eligible for the medical expenses tax offset. The expenses you paid are considered to be eligible medical expenses and you are entitled to include the net costs of the treatment in the calculation of your medical expenses tax offset.