Can you tell me if a married couple are jointly assessed and both incomes together pay 41% tax over the SRCOP but the wife doesn’t reach the 41% tax (ie earns less that the SCROP of 26,400), can she still claim back health expenses at the 41% rate?
Presumably the claim will be a joint one since you are jointly assessed? From 2007 it makes no difference since the single/joint excesses of €125/€250 were abolished. The relief will be at 41% to the extent that you jointly paid 41% tax and 20% thereafter. You can't claim back tax that was never paid so you will never get 41% relief on income on which only 20% was paid.
Thanks for that but I don't understand the last sentence.
The form will as which person is claiming back the health expenses.
So if it is the wife and she didn't pay tax at 41%, does that mean she will only get a 20% refund on her health expenses?
Ultimately there is no point worrying about this. You just submit the claim and Revenue will work out what you are due back.
Say your tax situation means that you jointly paid 41% tax on only €1K and 20% on the rest of your taxable income. You put in a claim for relief on medical expenses of €3K. You will get relief of €1K @ 41% + €2K @ 20% = €410 + €400 = €810.