Don’t Forget These Often-Overlooked Tax Deductions

Published: Thu, 03/06/14


 
 
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Special Tax Time Issue by Evan H. Farr, CELA
 
Don't Forget These Often-Overlooked Tax Deductions
 
If you cannot view the image below, please read the article on our blog.
  

As tax time draws near, you want to make sure you file all the proper forms and take all deductions you're entitled to. The following are some helpful but often overlooked deductions to keep in mind as you prepare your 2013 taxes:

Estate Planning Attorney Fees: If you met with an estate planning attorney within the past year, some of your legal fees may be tax deductible. We suggest that 20% of the total fees that you paid to our firm can appropriately be considered deductible tax advice.  Please read Part 4 of our Tax Time Series for more details.

Medical Expenses: To take advantage of the medical expenses tax deduction, you have to itemize and deduct medical expenses, and for 2013 you can write off only the amount of those expenses that exceeds 7.5% of your adjusted gross income. For retirees with low incomes, this threshold can be easy to cross. See IRS Publication 502 Medical and Dental Expenses for more details. Please also read Part 3 of our Tax Time Series.

Caregiver Deductions: As a caregiver, you likely pay for some care costs out-of-pocket.  Did you know that if you are caring for a relative, you might be able to claim tax deductions and credits for certain medical expenses?  These can include dental treatments, transportation to medical appointments, health insurance premiums, and long-term care costs. The rules below apply to caregivers for the 2013 tax year (filed in 2014).  See IRS Publication 502 for more details. Please also read Part 1 of our Tax Time Series. Please also read our Critter Corner below for more details.

Parental Deduction: If you are caring for your mother or father, you may be able to claim your parent as a dependent on your income taxes. This would allow you to get an exemption $3,950 (in 2014) for him or her. Please read Part 2 of our Tax Time Series for more details.

Long-Term Care Insurance Premiums: Premiums for "qualified" long-term care insurance policies are treated as an unreimbursed medical expense. Long-term care insurance premiums are deductible for the taxpayer, his or her spouse, and other dependents.

Social Security Benefits: If you file a federal tax return as an individual and your combined income, including half of your Social Security benefits and nontaxable interest income is between $25,000 and $34,000, 50% of your Social Security benefits will be considered taxable. If your combined income is above $34,000, 85% of your Social Security benefits is subject to income tax.

Real Estate Taxes: If you don't have enough deductions to itemize, you can still increase the amount of your standard deduction by the amount of your real estate taxes up to $500 ($1,000 if filing jointly).

Home Sale Exclusion: If you sold your home in 2013, you might be able to exclude up to $500,000 (if you are married) or $250,000 (if you are single) from your income. If a surviving spouse sells the home, he or she can still claim the exclusion as long as the house was sold no more than two years after the spouse's death.

Elderly or Disabled Tax Credit: Some low-income elderly or disabled individuals are entitled to a special tax credit. To be eligible, you must meet income limits. For more information, click here.

Gifts:  If you gave away more than $14,000 in 2013, you are required to file IRS Form 709, the gift tax return. Please read our blog post Gifting and the New Gift and Estate Tax Exclusion Numbers for more details about gifting and taxes.

For more details, please see the IRS Tax Guide For Seniors.

Please note that getting a tax refund might affect your Medicaid or Social Security benefits. However, since everyone's situation is different, it is wise to contact a Certified Elder Law Attorney such as myself to walk you through this process and ensure that you are not doing anything to affect Medicaid eligibility. Call us today at the Fairfax and Fredericksburg Elder Law Firm of Evan H. Farr, P.C.at 703-691-1888 in Fairfax or 540-479-1435 in Fredericksburg to make an appointment for an introductory consultation.

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Tax Credits for Caregivers
  
 

Dear Ernie and Janette,

I heard today was the day you were covering often-overlooked tax deductions for seniors in your newsletter. I am a caregiver for my 80-year old grandpa, Morty, who has Alzheimer's. With April 15 on the horizon, are there any tax deductions you can tell me about for caregivers?

Thanks,

Anita Refund

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Dear Anita,

If you're paying all or part of the cost of caring for your grandfather, you may qualify for some federal tax breaks. And who couldn't use the extra money?

One thing you could look into is claiming him as a tax dependent, even if he doesn't live with you. Relatives are eligible to become a dependent on a caregiver's tax return if their total income is less than $3,900 a year in 2013, excluding nontaxable Social Security and disability payments, and if the caregiver provided more than 50% of the relative's support. If those criteria are met, caregivers can take a $3,900 tax exemption for each dependent.

If you claim your grandfather as your dependent, you can claim medical deductions if your total medical costs represented more than 10% of your adjusted gross income in 2013 (7.5% if you are age 65 or older). According to the IRS, medical expenses are the costs of "diagnosis, cure, mitigation, treatment, or prevention of diseases, and the costs for treatments affecting any part or function of the body." They can also include:
 
  • cost of medical insurance premiums including long term care insurance;
  • prescriptions, doctor bills unpaid by insurance, hospital fees not covered by insurance, dental treatments;
  • payments made to in-home caregivers for medical or nursing care;
  • transportation costs to receiver medical care and appointments;
  • in-home specialized care such as physical, occupational or speech therapy;
  • personal care items, such as undergarments for incontinence or special foods;
  • costs of facility care such as assisted living or nursing care if for medical not personal care;
  • aging in place in-home modifications you have made such as ramps, grab bars, stair glides, wider doors;
  • dentures, glasses, prosthetics, Braille books;
  • equipment such as oxygen supplies, wheelchair, hearing aids, and batteries.

For more details, read the IRS "For Caregivers" Webpage.

Thanks for your thoughtful question. Remember, if you or your grandpa have not done Long-Term Care Planning, Estate Planning or Incapacity Planning (or had your Planning documents reviewed in the past several years), please call our Virginia Elder Law Fairfax office at 703-691-1888 or our Virginia Elder Law Fredericksburg office at 540-479-1435 to make an appointment for an introductory consultation.

About Ernie and Jannette:

African dwarf frogs Ernie and Jannette have lived at The Farr Law Firm for about two years, and they belong to Evan and Jeannie Farr. They reside on Jeannie's desk, and love socializing with the other pets and greeting all of the clients that come to the firm.

 

 

 

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