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Edited version of your private ruling
Authorisation Number: 1012505263369
Ruling
Subject: Medical expenses tax offset
Question
Does the cost of an item prescribed by a legally qualified medial practitioner qualify as an eligible medical expense for the purposes of the medical expenses tax offset?
Answer
Yes.
This ruling applies for the following period
Year ended 30 June 2013
The scheme commences on
1 July 2012
Relevant facts and circumstances
You are an Australian resident for taxation purposes.
You have a medical condition.
Your legally qualified medical practitioner referred you to a particular supplier to purchase medical appliance.
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 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. Paragraph (f) of the definition of medical expenses in subsection 159P(4) of the ITAA 1936 includes payments made in respect of a medical or surgical appliance prescribed by a legally qualified medical practitioner.
In your case, a legally qualified medical practitioner prescribed the use of a medical appliance and referred you to a particular supplier. Therefore, the medical appliance you have purchased qualifies as a medical expense and the cost can be used in the calculation of the medical expenses tax offset.