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New Member
posted Sep 2, 2023 11:42:18 AM

Can I claim 2022 medical expenses on the 2022 return for a person who died in 2022 that were paid out of the deceased's funds in 2023

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1 Best answer
Level 15
Sep 2, 2023 12:00:00 PM

yes you can deduct them in 2022 under IRC 213(c)

(c)Special rule for decedents
(1)Treatment of expenses paid after death
For purposes of subsection (a), expenses for the medical care of the taxpayer which are paid out of his estate during the 1-year period beginning with the day after the date of his death shall be treated as paid by the taxpayer at the time incurred.

 

 

one other thing required by the code section is a

(A)a statement that such amount has not been allowed as a deduction under section 2053, and (taken on the decedent's estate return) 
(B)a waiver of the right to have such amount allowed at any time as a deduction under section 2053.

 

not standard in Turbotax so you would have to paper file. 

2 Replies
Level 15
Sep 2, 2023 11:46:39 AM

Edited 9-3-2023

 

 

MEDICAL EXPENSES

The medical expense deduction has to meet a rather large threshold before it can affect your return. The amount of medical (including dental, vision, etc.)  expenses that will count toward itemization is the amount that is OVER 7.5% of your adjusted gross income. You should only enter the amount that you paid in 2023—do not include any amounts that were covered by insurance or that are still outstanding.  Of course, your medical expenses plus your other itemized deductions still have to exceed your standard deduction before you will see a difference in your tax due or refund.

 

To enter your medical expenses go to Federal>Deductions and Credits>Medical>Medical Expenses

 

 

 

Level 15
Sep 2, 2023 12:00:00 PM

yes you can deduct them in 2022 under IRC 213(c)

(c)Special rule for decedents
(1)Treatment of expenses paid after death
For purposes of subsection (a), expenses for the medical care of the taxpayer which are paid out of his estate during the 1-year period beginning with the day after the date of his death shall be treated as paid by the taxpayer at the time incurred.

 

 

one other thing required by the code section is a

(A)a statement that such amount has not been allowed as a deduction under section 2053, and (taken on the decedent's estate return) 
(B)a waiver of the right to have such amount allowed at any time as a deduction under section 2053.

 

not standard in Turbotax so you would have to paper file.