Disclaimer This edited version has been archived due to the length of time since original publication.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: 5010053490494
Date of advice: 14 September 2018
Ruling
Subject: Assistance dog
Question
Do the expenses that you have incurred in purchasing an assistance dog qualify as a disability aid, for the purposes of the medical expense tax offset?
Answer
Yes
In your circumstances the assistance dog aids the function or capacity of your dependent child who has a disability. Having considered the relevant factors, the Commissioner will allow the inclusion of an assistance dog as a disability aid, under 159P Income Tax Assessment Act 1936 in your circumstances.
This ruling applies for the following period:
Year ending 30 June 2018
The scheme commences on:
1 July 2017
Relevant facts and circumstances
This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.
Your dependent child has a disability.
Your dependent child needs constant supervision, counselling and teaching in all instances including evaluations.
Your dependent child is unable to exercise judgment and make decisions necessary for the activities of daily living.
Your dependent child is incapable of making decisions around his personal or others needs or safety.
You purchased an assistance dog.
You have a medical practitioner’s recommendation requesting the purchase of the assistance dog.
You have not been, and will not be, reimbursed any of the costs through a health fund or any organisation.
Relevant legislative provisions
Income Tax Assessment Act 1936 Subsection 159P(1B)(a)
Income Tax Assessment Act 1936 Subsection 159P(1)