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My husband is in a Memory Care unit and his care is about $7,000 a month. We do have a LTC policy that reimburses us for those expenses. Is the cost of his care deductible or only any amount that is not reimbursed. If it is not reimbursable, should/will the LTC facility be providing any kind of reporting to the IRS and any type of form to me?
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You can only deduct the medical expenses you incurred and that you paid with out of pocket funds which were not reimbursed.
See IRS Publication 502 for the expenses which you can deduct - https://www.irs.gov/pub/irs-pdf/p502.pdf
many LTC units will supply a letter that indicates what % or amount of the payments is for medical care. the balance is non-deductible personal expenses. the letter comes out after year-end. call to see if they issue such a letter or can tell you % or amount that is for medical care.
I know nothing about the reimbursements so it depends on the policy as to how the reimbursement is determined. again you may need to call unless they issue an explanation of benefits (EOB) or something equivalent.
The unreimbursed medical expenses would be considered an itemized deduction on your federal return and likely the same on your state tax return. However, only the amount over 7.5 percent of your adjusted gross income would be allowable. Also, you would have to have enough in itemized deductions to be more than the amount of your standard deduction for it to be beneficial to you. The standard deduction for married/joint tax filers is $25,900 in 2022, with an extra $1,400 added for each taxpayer who is over age 65.
Expenses that are reimbursed from insurance are not also deductible (whether they are qualified or not) unless the payments from the insurance company are considered taxable income to you. This would be very rare.
The rule for deducting out-of-pocket (non-reimbursed medical expenses) is as follows:
Qualified deductible medical expenses are expenses for medical or nursing services. The services do not have to be provided by an actual nurse, but they must be of the type and kind of service that a nurse usually performs, which includes providing medication, assisting with eating, bathing, toileting, dressing, and so on. Companionship, room, board, laundry services, and so on, are not medical or nursing expenses. The LTC facility should be able to give you a breakdown of the expenses.
However, the entire expense of the LTC facility can be deducted as a medical expense if the patient meets all the following tests.
1. The patient is permanently disabled, which means that they have a condition which is permanent, or will last at least one year, or will lead to death, as certified by a doctor; or, the patient has a cognitive impairment and would be a danger to themself or others if left alone, also as certified by a doctor.
2. The patient requires assistance with two or more activities of daily living. Activities of daily living are eating, dressing, toileting, managing incontinence, transferring, and bathing.
3. The care is provided according to a written care plan that is developed by a qualified medical professional or medical social worker, and is reviewed and updated at least once a year.
If the patient is disabled or cognitively impaired and requires assistance with two or more ADLs but doesn't have a written care plan, you can only deduct the portion of the care that corresponds to actual nursing or medical care. If you get a written care plan, then expenses after the date the care plan is put in writing would be fully deductible medical expenses.
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