Edited version of your written advice

Authorisation Number: 1051359304347

Date of advice: 10 April 2018

Ruling

Subject: Work related expenses – medical device

Question

Are you entitled to a deduction for the cost of a medical device?

Answer

No

This ruling applies for the following period:

Year ended 30 June 20XX

The scheme commenced on:

1 July 20XX

Relevant facts and circumstances

You were born with a medical impairment, and you have previously had a medical device permanently fitted to assist with your day to day living.

You are in paid employment.

Due to the nature of your employment, the noise levels can be very high when performing your duties, and as such you required an upgraded hearing device to be able to perform your duties effectively.

You purchased the upgraded device for approximately $X during the 20XX-XX financial year and this was fitted at that time.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1

Reasons for decision

Section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) allows a deduction for all losses and outgoings to the extent to which they are incurred in gaining or producing assessable income except where the outgoings are of a capital, private or domestic nature, or relate to the earning of exempt income.

Generally medical expenses have no direct connection to the gaining or producing of assessable income. The medical expense relates to a personal medical condition and is private in nature.

Taxation Ruling IT 2217 addresses income tax deductions for medical appliances. It refers to the decision in Case Q17 83 ATC 62, where the taxpayer was a primary producer who had purchased a medical device so that his business associates could communicate with him in the day to day running of the business. The taxpayer argued that their medical device was an essential tool to enable them to carry on their business.

The Board of Review disallowed the deduction. It was held that despite the connection between the outlay and the taxpayer’s income, along with the fact that the taxpayer might be unable to earn his assessable income without the aid of the relevant appliance, the outlay was not necessarily incurred in carrying on a business for the purpose of gaining or producing assessable income. The primary cause of the expenditure was for the correction of a disadvantage that was personal to the taxpayer. The expense was therefore of a private nature.

Accordingly, claims for income tax deductions in respect of expenses incurred on medical appliances, for example, wheelchairs, hearing aids, spectacles, artificial limbs and similar appliances used by persons in carrying out their duties of an employment are not allowable.

In your case, due to the nature of your employment, the noise levels can be very high when performing your duties and you needed the upgraded medical device to be able to perform your duties effectively.

However, the expense of purchasing the upgraded hearing device could not considered to be incurred in gaining assessable income but, rather, it would put you in a position where you would be able to perform the duties of your employment and therefore earn assessable income.

In light of the principles and facts outlined above, the costs of an upgraded medical device are private in nature. The expenses are not considered to be incurred in gaining your assessable income, but rather incurred in overcoming a medical condition. Therefore, you are not entitled to claim a deduction for this expenditure as it is private in nature.