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kashet
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Can/how do we claim for lead-based paint abatement in our home, the work was done over a two month period in 2011/2012. We did not know we could possibly claim it. We live in Lancaster Pa

 
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Can/how do we claim for lead-based paint abatement in our home, the work was done over a two month period in 2011/2012. We did not know we could possibly claim it. We live in Lancaster Pa

From IRS Pub 502:

Lead-Based Paint Removal

You can include in medical expenses the cost of removing lead-based paints from surfaces in your home to prevent a child who has or had lead poisoning from eating the paint. These surfaces must be in poor repair (peeling or cracking) or within the child's reach. The cost of repainting the scraped area isn't a medical expense.

If, instead of removing the paint, you cover the area with wallboard or paneling, treat these items as capital expenses. See Capital Expenses , earlier. Don't include the cost of painting the wallboard as a medical expense.


So it appears that you first need a child in your home for this to qualify.  Secondly, as you would need to itemize deductions, it may or may not result in a tax benefit.  You would claim it the year you paid a contractor to perform the removal.  Unfortunately, the last day to amend a 2012 return was April 2016.  You can amend the 2012 return but the IRS will not issue a refund. 

You can treat the cost of removal as a capital expense, meaning it increased the basis  of your home........you add it to the original cost of the home as with any other improvements.  It is considered an improvement, general repainting is a repair.

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Can/how do we claim for lead-based paint abatement in our home, the work was done over a two month period in 2011/2012. We did not know we could possibly claim it. We live in Lancaster Pa

From IRS Pub 502:

Lead-Based Paint Removal

You can include in medical expenses the cost of removing lead-based paints from surfaces in your home to prevent a child who has or had lead poisoning from eating the paint. These surfaces must be in poor repair (peeling or cracking) or within the child's reach. The cost of repainting the scraped area isn't a medical expense.

If, instead of removing the paint, you cover the area with wallboard or paneling, treat these items as capital expenses. See Capital Expenses , earlier. Don't include the cost of painting the wallboard as a medical expense.


So it appears that you first need a child in your home for this to qualify.  Secondly, as you would need to itemize deductions, it may or may not result in a tax benefit.  You would claim it the year you paid a contractor to perform the removal.  Unfortunately, the last day to amend a 2012 return was April 2016.  You can amend the 2012 return but the IRS will not issue a refund. 

You can treat the cost of removal as a capital expense, meaning it increased the basis  of your home........you add it to the original cost of the home as with any other improvements.  It is considered an improvement, general repainting is a repair.

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