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 Posted 9:01 PM Feb. 28, 2010
What Are Medical Expenses?
Medical expenses are the costs of diagnosis, cure, mitigation, treatment, or prevention of disease, and the costs for treatments affecting any part or function of the body. These expenses include payments for legal medical services rendered by physicians, surgeons, dentists, and other medical practitioners. They include the costs of equipment, supplies, and diagnostic devices needed for these purposes.
Medical care expenses must be primarily to alleviate or prevent a physical or mental defect or illness. They do not include expenses that are merely beneficial to general health, such as vitamins or a vacation.
Medical expenses include the premiums you pay for insurance that covers the expenses of medical care, and the amounts you pay for transportation to get medical care. Medical expenses also include amounts paid for qualified long-term care services and limited amounts paid for any qualified long-term care insurance contract.
What Expenses Can You Include This Year?
You can include only the medical and dental expenses you paid this year, regardless of when the services were provided. (But see Decedent under Whose Medical Expenses Can You Include, for an exception.) If you pay medical expenses by check, the day you mail or deliver the check generally is the date of payment. If you use a “pay-by-phone” or “online” account to pay your medical expenses, the date reported on the statement of the financial institution showing when payment was made is the date of payment. If you use a credit card, include medical expenses you charge to your credit card in the year the charge is made, not when you actually pay the amount charged.
If you did not claim a medical or dental expense that would have been deductible in an earlier year, you can file Form 1040X, Amended U.S. Individual Income Tax Return, for the year in which you overlooked the expense. Do not claim the expense on this year's return. Generally, an amended return must be filed within 3 years from the date the original return was filed or within 2 years from the time the tax was paid, whichever is later.
You cannot include medical expenses that were paid by insurance companies or other sources. This is true whether the payments were made directly to you, to the patient, or to the provider of the medical services.
Separate returns. If you and your spouse live in a noncommunity property state and file separate returns, each of you can include only the medical expenses each actually paid. Any medical expenses paid out of a joint checking account in which you and your spouse have the same interest are considered to have been paid equally by each of you, unless you can show otherwise.
Community property states. If you and your spouse live in a community property state and file separate returns, any medical expenses paid out of community funds are divided equally. Each of you should include half the expenses. If medical expenses are paid out of the separate funds of one spouse, only the spouse who paid the medical expenses can include them. If you live in a community property state, are married, and file a separate return, see Publication 555, Community Property.
How Much of the Expenses Can You Deduct?
You can deduct on Schedule A (Form 1040) only the amount of your medical and dental expenses that is more than 7.5% of your AGI(Form 1040, line 38).
In this publication, the term “7.5% limit” is used to refer to 7.5% of your AGI. The phrase “subject to the 7.5% limit” is also used. This phrase means that you must subtract 7.5% (.075) of your AGI from your medical expenses to figure your medical expense deduction.
Example.
Your AGI is $40,000, 7.5% of which is $3,000. You paid medical expenses of $2,500. You cannot deduct any of your medical expenses because they are not more than 7.5% of your AGI.
Whose Medical Expenses Can You Include?
You can generally include medical expenses you pay for yourself, as well as those you pay for someone who was your spouse or your dependent either when the services were provided or when you paid for them. There are different rules for decedents and for individuals who are the subject of multiple support agreements. See Support claimed under a multiple support agreement , later under Qualifying Relative.
You can include medical expenses that you paid for yourself.
You can include medical expenses you paid for your spouse. To include these expenses, you must have been married either at the time your spouse received the medical services or at the time you paid the medical expenses.
Example 1.
Mary received medical treatment before she married Bill. Bill paid for the treatment after they married. Bill can include these expenses in figuring his medical expense deduction even if Bill and Mary file separate returns.
If Mary had paid the expenses, Bill could not include Mary's expenses in his separate return. Mary would include the amounts she paid during the year in her separate return. If they filed a joint return, the medical expenses both paid during the year would be used to figure their medical expense deduction.
Example 2.
This year, John paid medical expenses for his wife Louise, who died last year. John married Belle this year and they file a joint return. Because John was married to Louise when she received the medical services, he can include those expenses in figuring his medical expense deduction for this year.
You can include medical expenses you paid for your dependent. For you to include these expenses, the person must have been your dependent either at the time the medical services were provided or at the time you paid the expenses. A person generally qualifies as your dependent for purposes of the medical expense deduction if both of the following requirements are met.
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The person was a qualifying child (defined later) or a qualifying relative (defined later), and
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The person was a U.S. citizen or national or a resident of the United States, Canada, or Mexico. If your qualifying child was adopted, see Exception for adopted child, below.
You can include medical expenses you paid for an individual that would have been your dependent except that:
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He or she received gross income of $3,650 or more in 2009,
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He or she filed a joint return for 2009, or
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You, or your spouse if filing jointly, could be claimed as a dependent on someone else's 2009 return.
Exception for adopted child. If you are a U.S. citizen or national and your adopted child lived with you as a member of your household for 2009, that child does not have to be a U.S. citizen or national, or a resident of the United States, Canada, or Mexico.
A qualifying child is a child who:
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Is your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of them (for example, your grandchild, niece, or nephew),
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Was:
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Under age 19 at the end of 2009 and younger than you (or your spouse, if filing jointly),
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Under age 24 at the end of 2009, a full-time student, and younger than you (or your spouse, if filing jointly), or
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Any age and permanently and totally disabled,
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Lived with you for more than half of 2009,
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Did not provide over half of his or her own support for 2009, and
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Did not file a joint return, other than to claim a refund.
Adopted child. A legally adopted child is treated as your own child. This child includes a child lawfully placed with you for legal adoption.
You can include medical expenses that you paid for a child before adoption if the child qualified as your dependent when the medical services were provided or when the expenses were paid.
If you pay back an adoption agency or other persons for medical expenses they paid under an agreement with you, you are treated as having paid those expenses provided you clearly substantiate that the payment is directly attributable to the medical care of the child.
But if you pay the agency or other person for medical care that was provided and paid for before adoption negotiations began, you cannot include them as medical expenses.
You may be able to take a credit for other expenses related to an adoption. See the Instructions for Form 8839, Qualified Adoption Expenses, for more information.
Child of divorced or separated parents. For purposes of the medical and dental expenses deduction, a child of divorced or separated parents can be treated as a dependent of both parents. Each parent can include the medical expenses he or she pays for the child, even if the other parent claims the child's dependency exemption, if:
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The child is in the custody of one or both parents for more than half the year,
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The child receives over half of his or her support during the year from his or her parents, and
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The child's parents:
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Are divorced or legally separated under a decree of divorce or separate maintenance,
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Are separated under a written separation agreement, or
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Live apart at all times during the last 6 months of the year.
This does not apply if the child's exemption is being claimed under a multiple support agreement (discussed later).
A qualifying relative is a person:
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Who is your:
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Son, daughter, stepchild, or foster child, or a descendant of any of them (for example, your grandchild),
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Brother or sister, or a son or daughter of either of them,
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Father or mother, or an ancestor or sibling of either of them (for example, your grandmother, grandfather, aunt, or uncle),
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Stepbrother, stepsister, stepfather, stepmother, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law, or
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Any other person (other than your spouse) who lived with you all year as a member of your household if your relationship did not violate local law,
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Who was not a qualifying child (see Qualifying Child earlier) of any taxpayer for 2009, and
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For whom you provided over half of the support in 2009. But see Child of divorced or separated parents , earlier, Support claimed under a multiple support agreement, next, and Kidnapped child under Qualifying Relative in Publication 501, Exemptions, Standard Deduction, and Filing Information.
Support claimed under a multiple support agreement. If you are considered to have provided more than half of a qualifying relative's support under a multiple support agreement, you can include medical expenses you pay for that person. A multiple support agreement is used when two or more people provide more than half of a person's support, but no one alone provides more than half.
For rules regarding what expenses you can include this year, see What Expenses Can You Include This Year , earlier.
Any medical expenses paid by others who joined you in the agreement cannot be included as medical expenses by anyone. However, you can include the entire unreimbursed amount you paid for medical expenses.
Example.
You and your three brothers each provide one-fourth of your mother's total support. Under a multiple support agreement, you treat your mother as your dependent. You paid all of her medical expenses. Your brothers repaid you for three-fourths of these expenses. In figuring your medical expense deduction, you can include only one-fourth of your mother's medical expenses. Your brothers cannot include any part of the expenses. However, if you and your brothers share the nonmedical support items and you separately pay all of your mother's medical expenses, you can include the unreimbursed amount you paid for her medical expenses in your medical expenses.
Medical expenses paid before death by the decedent are included in figuring any deduction for medical and dental expenses on the decedent's final income tax return. This includes expenses for the decedent's spouse and dependents as well as for the decedent.
The survivor or personal representative of a decedent can choose to treat certain expenses paid by the decedent's estate for the decedent's medical care as paid by the decedent at the time the medical services were provided. The expenses must be paid within the 1-year period beginning with the day after the date of death. If you are the survivor or personal representative making this choice, you must attach a statement to the decedent's Form 1040 (or the decedent's amended return, Form 1040X) saying that the expenses have not been and will not be claimed on the estate tax return.
Qualified medical expenses paid before death by the decedent are not deductible if paid with a tax-free distribution from any Archer MSA, Medicare Advantage MSA, or health savings account.
What if the decedent's return had been filed and the medical expenses were not included? Form 1040X can be filed for the year or years the expenses are treated as paid, unless the period for filing an amended return for that year has passed. Generally, an amended return must be filed within 3 years of the date the original return was filed, or within 2 years from the time the tax was paid, whichever date is later.
Example.
John properly filed his 2008 income tax return. He died in 2009 with unpaid medical expenses of $1,500 from 2008 and $1,800 in 2009. If the expenses are paid within the 1-year period, his survivor or personal representative can file an amended return for 2008 claiming a deduction based on the $1,500 medical expenses. The $1,800 of medical expenses from 2009 can be included on the decedent's final return for 2009.
What if you pay medical expenses of a deceased spouse or dependent? If you paid medical expenses for your deceased spouse or dependent, include them as medical expenses on your Form 1040 in the year paid, whether they are paid before or after the decedent's death. The expenses can be included if the person was your spouse or dependent either at the time the medical services were provided or at the time you paid the expenses.
What Medical Expenses Are Includible?
Following is a list of items that you can include in figuring your medical expense deduction. The items are listed in alphabetical order.
This list does not include all possible medical expenses. To determine if an expense not listed can be included in figuring your medical expense deduction, see What Are Medical Expenses , earlier.
You can include in medical expenses the amount you pay for a legal abortion.
You can include in medical expenses the amount you pay for acupuncture.
You can include in medical expenses amounts you pay for an inpatient's treatment at a therapeutic center for alcohol addiction. This includes meals and lodging provided by the center during treatment.
You can also include in medical expenses amounts you pay for transportation to and from Alcoholics Anonymous meetings in your community if the attendance is pursuant to medical advice that membership in Alcoholics Anonymous is necessary for the treatment of a disease involving the excessive use of alcoholic liquors.
You can include in medical expenses amounts you pay for ambulance service.
You can include in medical expenses the amount you pay for an artificial limb.
You can include in medical expenses the amount you pay for artificial teeth.
You can include in medical expenses the cost of medical supplies such as bandages.
You can include in medical expenses the amount you pay for birth control pills prescribed by a doctor.
You can include in medical expenses the cost of an electronic body scan.
Braille Books and Magazines
You can include in medical expenses the part of the cost of Braille books and magazines for use by a visually impaired person that is more than the cost of regular printed editions.
Breast Reconstruction Surgery
You can include in medical expenses the amounts you pay for breast reconstruction surgery following a mastectomy for cancer.
You can include in medical expenses amounts you pay for special equipment installed in a home, or for improvements, if their main purpose is medical care for you, your spouse, or your dependent. The cost of permanent improvements that increase the value of your property may be partly included as a medical expense. The cost of the improvement is reduced by the increase in the value of your property. The difference is a medical expense. If the value of your property is not increased by the improvement, the entire cost is included as a medical expense.
Certain improvements made to accommodate a home to your disabled condition, or that of your spouse or your dependents who live with you, do not usually increase the value of the home and the cost can be included in full as medical expenses. These improvements include, but are not limited to, the following items.
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Constructing entrance or exit ramps for your home.
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Widening doorways at entrances or exits to your home.
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Widening or otherwise modifying hallways and interior doorways.
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Installing railings, support bars, or other modifications to bathrooms.
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Lowering or modifying kitchen cabinets and equipment.
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Moving or modifying electrical outlets and fixtures.
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Installing porch lifts and other forms of lifts (but elevators generally add value to the house).
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Modifying fire alarms, smoke detectors, and other warning systems.
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Modifying stairways.
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Adding handrails or grab bars anywhere (whether or not in bathrooms).
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Modifying hardware on doors.
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Modifying areas in front of entrance and exit doorways.
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Grading the ground to provide access to the residence.
Only reasonable costs to accommodate a home to a disabled condition are considered medical care. Additional costs for personal motives, such as for architectural or aesthetic reasons, are not medical expenses.
Capital expense worksheet. Use Worksheet A to figure the amount of your capital expense to include in your medical expenses.
Worksheet A. Capital Expense Worksheet
| Instructions: Use this worksheet to figure the amount, if any, of your medical expenses due to a home improvement. |
| 1. |
Enter the amount you paid for the home improvement |
1. |
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| 2. |
Enter the value of your home immediately after the improvement |
2. |
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| 3. |
Enter the value of your home immediately before the improvement |
3. |
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| 4. |
Subtract line 3 from line 2. This is the increase in the value of your home due to the improvement. |
4. |
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• If line 4 is more than or equal to line 1, you have no medical expenses due to the home improvement; stop here. |
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• If line 4 is less than line 1, go to line 5. |
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| 5. |
Subtract line 4 from line 1. These are your medical expenses due to the home improvement |
5. |
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Example.
You have a heart ailment. On your doctor's advice, you install an elevator in your home so that you will not have to climb stairs. The elevator costs $8,000. An appraisal shows that the elevator increases the value of your home by $4,400. You figure your medical expense as shown in the filled-in example of Worksheet A.
Worksheet A. Capital Expense Worksheet—Illustrated
| Instructions: Use this worksheet to figure the amount, if any, of your medical expenses due to a home improvement. |
| 1. |
Enter the amount you paid for the home improvement |
1. |
8,000 |
| 2. |
Enter the value of your home immediately after the improvement |
2. |
124,400 |
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| 3. |
Enter the value of your home immediately before the improvement |
3. |
120,000 |
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| 4. |
Subtract line 3 from line 2. This is the increase in the value of your home due to the improvement. |
4. |
4,400 |
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• If line 4 is more than or equal to line 1, you have no medical expenses due to the home improvement; stop here. |
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• If line 4 is less than line 1, go to line 5. |
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| 5. |
Subtract line 4 from line 1. These are your medical expenses due to the home improvement |
5. |
3,600 |
Operation and upkeep. Amounts you pay for operation and upkeep of a capital asset qualify as medical expenses, as long as the main reason for them is medical care. This rule applies even if none or only part of the original cost of the capital asset qualified as a medical care expense.
Example.
If, in the previous example, the elevator increased the value of your home by $8,000, you would have no medical expense for the cost of the elevator. However, the cost of electricity to operate the elevator and any costs to maintain it are medical expenses as long as the medical reason for the elevator exists.
Improvements to property rented by a person with a disability. Amounts paid to buy and install special plumbing fixtures for a person with a disability, mainly for medical reasons, in a rented house are medical expenses.
Example.
John has arthritis and a heart condition. He cannot climb stairs or get into a bathtub. On his doctor's advice, he installs a bathroom with a shower stall on the first floor of his two-story rented house. The landlord did not pay any of the cost of buying and installing the special plumbing and did not lower the rent. John can include in medical expenses the entire amount he paid.
You can include in medical expenses the cost of special hand controls and other special equipment installed in a car for the use of a person with a disability.
Special design. You can include in medical expenses the difference between the cost of a regular car and a car specially designed to hold a wheelchair.
Cost of operation. The includible costs of using a car for medical reasons are explained under
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