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Can we deduct: I am 99 and my wife is 96 we live at home can I deduct a person that I pay to provide (prepare a meal) and ensure we take our medd

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AmyC
Employee Tax Expert

Can we deduct: I am 99 and my wife is 96 we live at home can I deduct a person that I pay to provide (prepare a meal) and ensure we take our medd

Your situation could vary. I would think there is a potential of needing personal care service for one of you which would include help with meals and such.  You would have a medical deduction and requirements for paying someone.

 

Having someone help could mean that you pay that person as a contractor, or they may qualify to be an employee, or you may pay a service.

 

  • If you pay a company, deduct the medical portion -no extra paperwork
  • If you pay a person, if paid over $600, you should give them a 1099-NEC for work performed.
  • If they qualify as a household employee, give them a w2 and pay the required FICA taxes on Sch H of your tax return. See Who is considered a household employee? 

If necessary, you can file the 1099 or w2 with QB Employer Forms.

 

For the medical expenses:

Maintenance and personal care services.

Maintenance or personal care services is care which has as its primary purpose the providing of a chronically ill individual with needed assistance with the individual’s disabilities (including protection from threats to health and safety due to severe cognitive impairment).

 

 

Publication 502, Medical and Dental Expenses states: You can include in medical expenses wages and other amounts you pay for nursing services. The services need not be performed by a nurse as long as the services are of a kind generally performed by a nurse. This includes services connected with caring for the patient's condition, such as giving medication or changing dressings, as well as bathing and grooming the patient. These services can be provided in your home or another care facility.

Generally, only the amount spent for nursing services is a medical expense. If the attendant also provides personal and household services, amounts paid to the attendant must be divided between the time spent performing household and personal services and the time spent for nursing services. For example, because of your medical condition, you pay a visiting nurse $300 per week for medical and household services. Ten percent of the nurse’s time is spent doing household services such as washing dishes and laundry. You can include only $270 per week as medical expenses. The $30 (10% × $300) allocated to household services can't be included. However, certain maintenance or personal care services provided for qualified long-term care can be included in medical expenses. See Maintenance and personal care services under Long-Term Care, earlier. Additionally, certain expenses for household services or for the care of a qualifying individual incurred to allow you to work may qualify for the child and dependent care credit. See Pub. 503.

You can also include in medical expenses part of the amount you pay for that attendant's meals. Divide the food expense among the household members to find the cost of the attendant's food. Then divide that cost in the same manner as in the preceding paragraph. If you had to pay additional amounts for household upkeep because of the attendant, you can include the extra amounts with your medical expenses. This includes extra rent or utilities you pay because you moved to a larger apartment to provide space for the attendant.

Employment taxes.

You can include as a medical expense social security tax, FUTA, Medicare tax, and state employment taxes you pay for an attendant who provides medical care. If the attendant also provides personal and household services, you can include as a medical expense only the amount of employment taxes paid for medical services, as explained earlier. For information on employment tax responsibilities of household employers, see Pub. 926.

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