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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your written advice

Authorisation Number: 1051423201422

Date of advice: 28 September 2018

Ruling

Subject: Medical expenses

Question

Are you entitled to claim net medical expenses tax offset (NMETO) for attendant care and aged care expenses?

Answer

Yes. The net medical expenses tax offset is being phased out. You can claim only this offset if you had expenses that related to disability aids, attendant care or aged care. It is accepted that the expenses you have incurred are in relation to disability

This ruling applies for the following period:

Year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You are a resident in an aged care facility

You are an approved care recipient and have been assessed by the aged care assessment team (ACAT) as eligible for residential aged care or in-home aged care

Relevant legislative provisions

Income Tax Assessment Act 1936 Section 159P

Aged Care Act 1997