Loading
TomM(Newbie)Newbie
21 May 2026

Hello ATO Community,


I have some questions that I am hoping someone with experience regarding this is able to answer on the Medicare levy exemption where both members of a couple are Defence members but one is only eligible for the half exemption due to having a dependant child.


Long story short, my wife and I are both ADF members and we have a dependant child. Usually as my taxable income is greater, I am the one that claims the half exemption on every return and she claims the full exemption.


For FY24/25, we completed a family agreement in line with the guidance Medical exemption from Medicare levy | Australian Taxation Office indicating that I would be the one claiming the half exemption for the FY and she would be claiming the full exemption.


However, during FY24/25 and after this agreement was made, I deployed on an operation that attracts an income tax exemption under 23AD.


Because of the assumption that one of us must be liable to pay the levy, my return had a full exemption for x number of days (period under the 23AD exemption) and half exemption for y number of days (period not under the 23AD exemption) and my spouse's return was the opposite.


My question - has this been done correctly or should I have claimed the half exemption for 365 days in line with the family agreement?

55 views
2 replies
55 views
2 replies

All replies

NikkiATO(Community Moderator)Community Moderator
22 May 2026

Hi @TomM,


No, you shouldn’t apply the half exemption for the full year just because of the family agreement.


The exemption is worked out based on your actual circumstances for each day.


Where you were covered by the 23AD exemption, you were fully exempt for those days.


So:

  • full exemption applies for the period you were covered by 23AD
  • the remaining days are split in line with the family agreement.

That’s why your return shows a mix of full and half exemption, and your spouse’s is the opposite.


The agreement doesn’t override periods where one of you is fully exempt – it only applies where both are otherwise liable.

TomM(Newbie)Newbie
28 May 2026

Thank you very much for the response. It’s good to know that we lodged correctly based off of a common sense approach.

Loading
Can I confirm the Interaction between 23AD Exemption and Medicare Levy Exemption for ADF members? | ATO Community