Hello!
I hope your day is going well!
You and your husband can continue to file a joint income tax return if you choose to. I understand you're using funds from his retirement account to pay for his care. This would disqualify him from being your dependent as he is paying for his own support/care.
Regarding the deduction for the cost of his care, yes in certain instances those expenses are deductible as medical expenses on your itemized deductions.
- If your husband is in the care facility primarily for medical care, then the entire cost is deductible as a medical expense.
- If he is in the care facility primarily for non-medical reasons, then only the cost of the actual medical care is deductible as a medical expenses - this cannot include the cost of meals and housing.
- Medical expenses are deducted on Schedule A, Itemized Deductions and must first exceed 7.5% of your income.
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Elizabeth W., EA
