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Edited version of your written advice
Authorisation Number: 1013000045644
Date of advice: 19 April 2016
Ruling
Subject: Medical expenses
Question
Are you entitled to a medical expenses tax offset for the 2013-14 financial year?
Answer
No.
This ruling applies for the following period
Year ended 30 June 2014
The scheme commenced on
1 July 2013
Relevant facts
In the 2013-14 financial year your, spouse had an operation.
The operation was for an existing problem. Your spouse was advised by their specialist, to have the operation in 2012, however you were unable to raise the amount needed. In 2013 due to another condition, it was recommended not to have x-rays or treatment. Finally in 2014 you were able to borrow the money as it was crucial to have the operation. The operation has put your family in financial difficulty.
You did not make a payment relating to a disability aid, attendant care or aged care.
You did not receive a medical expense tax offset in the 2012-13 financial year.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 159P
Detailed reasoning
A medical expenses tax offset is available under subsection 159P(1) of the Income Tax Assessment Act 1936 (ITAA 1936) where you pay certain medical expenses in an income year for yourself or a dependant who is an Australian resident, to the extent that you are not reimbursed, or are eligible to be reimbursed, from a government or public authority or a society, association or fund.
Under recent changes to the legislation, the medical expenses tax offset is being phased out.
To be eligible to claim this offset in 2013-14, you must have either:
• received this offset in your 2012-13 income tax assessment, or
• paid for medical expenses relating to disability aids, attendant care or aged care.
If you received this offset in your 2012-13 income tax assessment, there is no change to the types of net medical expenses that you can claim.
If you did not receive this offset in your 2012-13 income tax assessment, you can only claim net medical expenses relating to disability aids, attendant care or aged care.
Application to your circumstances
You did not receive a medical expenses tax offset in your 2012-13 income tax assessment. Consequently, for 2013-14 you can only claim net medical expenses relating to disability aids, attendant care or aged care. Your medical expenses do not relate to a disability aid, attendant care or aged care. Therefore you are not entitled to a medical expenses tax offset for the 2013-14 financial year.
For medical expenses tax offset purposes, it is the year you paid the medical expenses that is relevant and not the year that the medical condition arose. Your specific circumstances are acknowledged, however, the legislation provides no discretion and does not allow a medical expenses tax offset in your circumstances.