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Self-employed individual - Medical insurance premium paid by domestic partner

I'm a self-employed individual and I have medical insurance through my domestic partner's company. He pays additional fees for me to have my insurance. Is this deductible on my tax? Or even if it isn't, should this information be reported somewhere?

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5 Replies
DavidD66
Expert Alumni

Self-employed individual - Medical insurance premium paid by domestic partner

It is deductible if the additional amount your partner pays is after tax.  If it is paid with pre-tax deductions, it is not deductible.  It is not reported on your tax return, other than as a deduction as self-employed health insurance if it qualifies.

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Self-employed individual - Medical insurance premium paid by domestic partner

There is not much you can do.  You can’t deduct any premiums because you don’t pay them. There is a special small business deduction for health insurance, but it must be purchased by the small business owner in their own name, or in the name of the business.

 

Your partner is taxed on the employer portion of the insurance because the employer is only allowed to provide tax-free benefits to the employee, the employee‘s spouse, and the employee‘s dependents. If you are not a spouse, or a dependent, then the fact that the employer pays part of the insurance must be counted as part of the employee‘s taxable income. 

The employee could deduct the imputed income (the employers's share of the premium, added to the employee's income, because the employee pays tax on it) and they could deduct the after-tax share of the premium that they pay (but not the pre-tax share for their own premium), but only if the insurance is covering their spouse, or a dependent, or someone who could be a dependent except for the income rule.  As a practical matter, this means that your partner could deduct the after-tax portion of their insurance expenses to cover you, if you lived in their home as a member of their household for all of the tax year, and if your partner provided more than half of your total financial support.  This means adding up your total costs, including housing, insurance, food, clothing, travel, entertainment, and everything else, and then determining how much support cost you pay for yourself, and how much support costs your partner pays for you.

 

Then, the tax benefit of itemizing deductible medical expenses depends on the total of itemized deductions, and the taxpayer‘s total income and other tax facts.

Self-employed individual - Medical insurance premium paid by domestic partner

Thank you opus 17! 

Self-employed individual - Medical insurance premium paid by domestic partner

Thank you @DavidD66

Self-employed individual - Medical insurance premium paid by domestic partner


@mochi23 wrote:

Thank you opus 17! 


I don't know how good a deal you are getting from your partner's employer, but it wouldn't hurt to shop around.  Depending on your income, you might qualify for a Marketplace subsidy, and you could use the self-employment tax deduction for your premiums.  Even if your partner's employer has a really good deal, you might be able to balance the increased premiums against the decreased tax.

https://turbotax.intuit.com/tax-tips/home-ownership/deducting-health-insurance-premiums-if-youre-sel...

 

 

Also, here's a trick if your partner's plan is a high deductible plan that is eligible for a health savings account (HSA).  If you are covered by a qualifying HDHP, and you are not a dependent, then you can open an HSA in your own name, even if you are not the owner of the insurance policy.  You are eligible as long as you are covered.  And since you are not legally married, the married limit on HSA contributions doesn't apply.  So your partner could contribute the maximum under a family insurance policy (since your partner covers you) which is $7300 for 2022 and $7750 for 2023, and you could also separately contribute up to the same amount in an HSA in your own name, that you can open with a bank of your choice.   And if you are HSA eligible and did not make contributions for 2022, you can do that retroactively and take a tax deduction, up to the filing deadline.  Just be sure to tell the bank you want to make a prior year contribution, so they don't record it as a current year contribution.  

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