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in home health care deduction

If I have Parkinsons and cannot be left alone can we deduct this on our medical expenses since we itemize those? Do we have to issue a 1099?

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1 Best answer

Accepted Solutions
Vanessa A
Expert Alumni

in home health care deduction

Yes, since Parkinson's is a chronic illness and you are not able to be left alone, as long as a health care provider has ordered in home care, the cost of home health care would be deductible as a medical expense.

 

If you are paying the health care worker directly, then yes you will need to issue them a 1099. 

If you are using an agency that you pay that then pays their employee, then no you would not need to issue a 1099. 

 

Home Health Aide as a Medical Expense

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6 Replies
Vanessa A
Expert Alumni

in home health care deduction

Yes, since Parkinson's is a chronic illness and you are not able to be left alone, as long as a health care provider has ordered in home care, the cost of home health care would be deductible as a medical expense.

 

If you are paying the health care worker directly, then yes you will need to issue them a 1099. 

If you are using an agency that you pay that then pays their employee, then no you would not need to issue a 1099. 

 

Home Health Aide as a Medical Expense

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in home health care deduction

"Health care provider has ordered the health care", is that simple letter from the doctor or is there a specific format/form that the IRS wants. 

 

Thanks.

Vanessa A
Expert Alumni

in home health care deduction

Yes, you would just need a simple letter from the Dr. 

 

Also, to clarify, depending on the circumstances, you may need to issue the home health care worker a W-2 and pay household employee taxes instead of a 1099.  If they work for multiple people then you could still likely issue the 1099 instead of a W-2. 

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LEM2017
Returning Member

in home health care deduction

I am doing my mother's taxes--she is 95, filing single, no dependents.  She was severely injured in a fall last year and I hired a sitter service to care for her while I work (I work 50 miles from home) and have caregivers (not nurses) 12 hours per day, 7 days a week.  They prepare her food, dispense her meds, and assist with bathing and personal care.  She is cognitively unable to care for herself.   The cost for this service is paid with HER funds (not mine) and are all out of pocket.  How much of this can be deducted?  If only a portion, how is it determined?

in home health care deduction

Because I think you have not followed the procedures, up until now, the only thing that is deductible is actual medical or nursing care. This would include providing medications, bathing, assisting with toileting, and other common nursing services. Nursing services do not need to be provided by a registered nurse, but they must be of the kind and type of services that are performed by a nurse.   Companionship, house cleaning, preparing meals, and other non-nursing expenses are not deductible as long-term care medical expenses in your case.  You must allocate the expenses as best you can. If audited, you must show the IRS a reasonable basis for your allocation. Such as number of hours each day performing different duties.  In other words, if the care provider spends 1/4 of their time providing nursing services in 3/4 of their time providing companionship and keeping your mother out of danger, only 1/4 of the expense is a deductible medical expense.

 

If you pay for care so that you can work, and so that your spouse can work if you are married, and if you can claim your mother as a dependent (you provide more than half her total living expenses and her taxable income is less than $4200) then you can also use the child and dependent care credit for expenses that are not medical expenses.  The dependent care credit can be used for up to $3000 of dependent care expenses.  Once you allocate the costs between nursing services and non-nursing services, you can apply the first $3000 of non-nursing services to the dependent care credit and apply the nursing services to the medical expense deduction. The remaining non-nursing services are non-deductible and not eligible for any tax benefits. And the medical expense deduction may not get you as much as you think because it has a high threshold and your total expenses must be more than 7 1/2% of your income before they start to become deductible.

 

 

In order to make all of the care expenses eligible as deductible medical expenses, you must meet 2 conditions.

1. A doctor certifies that your mother is chronically ill and either (a) requires assistance with two or more activities of daily living (activities of daily living are eating, bathing, transferring, toileting, incontinence, and dressing) or (b) is cognitively impaired and requires assistance to prevent her from becoming a danger to herself or others. 
2. her care is provided according to a written care plan that is prepared by a medical professional or a qualified social worker and is reviewed and updated annually.

 

If you get a written certification from a doctor and a written care plan that requires your mother to have care while you are working, then the entire care expense is qualified as a deductible medical expense and you do not have to allocate nursing and non-nursing services.  You still have the option of applying the first $3000 of costs to the dependent care credit, because it usually pays better than the medical expense deduction, and then the entire remaining care expenses can be used as deductible medical expenses. Be sure not to use the same expenses to qualify for the deduction and the dependent care credit, that is double dipping.

in home health care deduction

If your mother has sufficient taxable income and is paying for these expenses herself, then she can deduct them as medical expenses according to the same rules – there must be a written certification and a written care plan. However, your mother cannot claim dependent care credit for herself on her own tax return.  You could potentially claim the dependent care credit if your mother gifted you some of the money used to provide care and then you paid some of the expenses.

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