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Edited version of private advice
Authorisation Number: 1052173232890
Date of advice: 10 October 2023
Ruling
Subject: Excepted person - minor
Question
Are you an excepted person for the purposes of section 102AC of the Income Tax Assessment Act 1936 (ITAA 1936)?
Answer
Yes. You are a minor to whom a carer allowance under the Social Security Act 1991 is payable in the relevant income year of the ruling period. Therefore, you are an excepted person in accordance with subparagraph 102AC(2)(c)(i) of the ITAA 1936.
This ruling applies for the following periods:
1 July 2023 to 30 June 2026
The scheme commenced on:
1 July 2023
Relevant facts and circumstances
You were born on DD MM 20XX.
You recently received a diagnosis of X.
You have supplied a letter from Services Australia evidencing that you are a minor to whom a carer allowance under the Social Security Act 1991 is payable from DD MM 20XX.
Assumption
For the relevant income year in the ruling period, you are a minor to whom a carer allowance under the Social Security Act 1991 is payable for the period including the last day of the year of income (102AC(2)(c)(i) of the ITAA 1936); or the Commissioner has received a certificate issued by a legally qualified medical practitioner certifying that you are a disabled child, within the meaning of Part 2.19 of the Social Security Act 1991 (102AC(2)(d)(i)(A) of the ITAA 1936).
Relevant legislative provisions
Income Tax Assessment Act 1936 subsection 102AC(2).