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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 private advice

Authorisation Number: 1052126008575

Date of advice: 8 June 2023

Ruling

Subject: Excepted person

Question

Is Person A who has been diagnosed with a permanent disability an "excepted person" for the purpose of section 102AC of the Income Tax Assessment Act 1936 (ITAA 1936)?

Answer

Yes. You have supplied a medical certificate from a qualified medical practitioner certifying that Person A, a child under 16 years, is suffering a permanent disability within the meaning of Part 2.19 of the Social Security Act 1991. Accordingly, the Commissioner is satisfied that Person A is an excepted person under section 102AC of the ITAA 1936.

This ruling applies for the following periods:

Financial Year ending 30 June 20XX

Financial Year ending 30 June 20XX

Financial Year ending 30 June 20XX

Financial Year ending 30 June 20XX

Financial Year ending 30 June 20XX

Financial Year ending 30 June 20XX

Financial Year ending 30 June 20XX

Financial Year ending 30 June 20XX

The scheme commenced on:

1 July 20XX

Relevant facts and circumstances

Person A was born on XX January 20YY and is a minor.

Person A suffers from a permanent disability.

A paediatrician has supplied a letter dated XX April 20YY which states Person A qualifies as a disabled child within the meaning of Part 2.19 of the Social Security Act 1991.

Relevant legislative provisions

Income Tax Assessment Act 1936 Section 102AC