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Yes. You can include in medical expenses the cost of the following procedures performed on yourself, your spouse, or your dependent to overcome an inability to have children:
Thank you. I saw that language but since it is elective/preventative, I wonder if that no longer qualifies? the language is very vague
Publication 502 is up to date and current for the tax year 2021.
Per the IRS, medical expenses are the costs of diagnosis, cure, mitigation, treatment, or prevention of disease, and for the purpose of affecting any part or function of the body. These expenses include payments for legal medical services rendered by physicians, surgeons, dentists, and other medical practitioners. They include the costs of equipment, supplies, and diagnostic devices needed for these purposes.
Has anyone else claimed elective egg freezing successfully on their taxes? Can you claim them w/out a current diagnosis of infertility - since it is preventative care for infertility? Im seeing conflicting rulings online.
https://turbotax.intuit.com/tax-tips/health-care/medical-expenses-checklist/L6MkxxlyW
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 2022—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
2022 STANDARD DEDUCTION AMOUNTS
SINGLE $12,950 (65 or older + $1750)
MARRIED FILING SEPARATELY $12,950 (65 or older + $1750)
MARRIED FILING JOINTLY $25,900 (65 or older + $1400 per spouse)
HEAD OF HOUSEHOLD $19,400 (65 or older +$1750)
Legally Blind + $1750
Do you know anyone who has done this. Is infertility or low ovarian reserve considered a disease?
Or preventing future age related infertility?
Before this would be become an issue that we could answer with research, somebody would have to be audited, lose the deduction, and take their case to Tax Court, which would eventually issue a written ruling.
The only ruling I know of that even comes close to this topic is a ruling that same-sex couples cannot deduct fertility treatments if they are not actually infertile, but require the fertility services to have children becaise they are in a same sex relationship. Courts have ruled that this is not a medical procedure “for the diagnosis, treatment or mitigation of a disease or condition affecting the natural function of the body”. If people want to deduct fertility treatments for same sex couples, they need to get Congress to change the law.
Unfortunately, this is not very informative as far as a normally fertile person freezing their eggs because they haven’t met the right partner yet, or aren’t ready to have children at 35 but think they might be ready at 40 or 45.
I tend to think (personal view) that for a normally fertile person, egg freezing would not be deductible. But I am not an attorney, and if you want a definitive opinion, you will need to hire your own expert.
Because the quality of eggs deteriorates over time, which causes birth defects, freezing eggs at age 35 or possibly from age 30 on does measurably decrease the potential of medical issues in someone's children, making the argument stronger than the one for same sex couples wishing to have kids.
@Jo5832 wrote:
Because the quality of eggs deteriorates over time, which causes birth defects, freezing eggs at age 35 or possibly from age 30 on does measurably decrease the potential of medical issues in someone's children, making the argument stronger than the one for same sex couples wishing to have kids.
"Medical expenses are the costs of diagnosis, cure, mitigation, treatment, or prevention of disease, and for the purpose of affecting any part or function of the body...Medical care expenses must be primarily to alleviate or prevent a physical or mental disability or illness."
The problem is that the IRS does not clearly define what types of prevention are allowed. For example, a gym membership for an otherwise healthy person is not deductible, even though it could be argued that exercise prevents disease, but dental cleanings are deductible, even if you don't currently have cavities or other oral disease. Also, you can only deduct expenses for yourself, your spouse, and your dependents.
The cost of egg freezing by a healthy woman who wants to delay her own childbirth (a personal choice, and not a medical treatment to treat, mitigate or cure a disease) would not seem to be deductible, because you are not preventing or treating a disease in yourself. Your suggestion that you are preventing disease in a future child also doesn't work, because medical expenses are deductible when paid for the healthcare of a dependent, but not a potential future dependent.
Ultimately if you want to deduct egg freezing expenses, please take advice from your own tax professional, and be prepared to prove your argument if audited.
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