In a recent decision, the Administrative Review Tribunal (‘ART’) held that a taxpayer could not claim a tax deduction for medical expenses incurred by him in relation to his total and permanent disability pension.

The taxpayer had been terminated from his employment due to total and permanent disablement (‘TPD’).  For the 2024 income year, his only income was a TPD pension.

The taxpayer wanted to claim a deduction for  medical expenses to be incurred, estimated to be approximately $100,000 in the 2024 income year.

The ART agreed with the ATO that the medical expenses were not deductible.  The ART noted in this regard that the medical expenses were “incurred by (the taxpayer) to better live with his medical condition, not incurred ‘in’ gaining or producing the TPD pension.”  That is, “the occasion of the Medical Expenses is to assist (the taxpayer) with his medical condition, not to gain or maintain his eligibility to the TPD pension.”

The ART also did not accept the taxpayer’s argument that the medical expenses were not private or domestic in nature, as they were essentially personal in character.

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