Private ruling: Medical expenses tax offset
Published: August 2012
Ruling period: Year ended 30 June 2010
Date scheme commenced: 1 July 2009

Ruling: Q1: Is the cost of particular surgery an eligible medical expense? | A1: No.


Relevant legislative provisions: Income Tax Assessment Act 1936 Section 159P(4)

Reasons for decision: Summary: A medical expenses tax offset is available under section 159P of the Income Tax Assessment Act 1936 (ITAA 1936), where you pay medical expenses in an income year for yourself and/or a dependant who is an Australian resident. Medical expenses are defined in subsection 159P(4) of the ITAA 1936 to include payments to a legally qualified medical practitioner, nurse or chemist, or a public or private hospital, in respect of an illness or operation (paragraph (a) of the definition). Paragraph 159P(4) of the ITAA 1936 defines 'ineligible medical expenses' as payments to a legally qualified practitioner, nurse or chemist, or a public or private hospital, in respect of a cosmetic operation that is not a professional service for which a Medicare benefit is payable. This provision applies to medical expenses paid from 1 July 2005 for the 2006 income year and forward. In your case, your spouse underwent surgery. While we accept that your spouse suffered from a condition, the surgery was undertaken and is considered to be a cosmetic operation. Therefore, the expense cannot be included in a calculation for a medical expenses tax offset.

Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet. | Relevant facts: Your spouse suffered from a condition and underwent surgery. | They became concerned by the appearance of their skin. | Your spouse underwent a separate surgery at the same time.