April 23, 2010

Health Care Bill Limits Deductibility of Medical Expenses

So much for the claim that President Obama won't raise taxes on incomes of under $250,000.  One little-noticed provision of the health care bill changes itemized deductions to reduce the deductibility of medical expenses.  As explained in a timeline published by the national Council of State Legislatures, starting in fiscal 2013, the legislation "increases the adjusted gross income threshold for claiming the itemized deduction for medical expenses from 7.5 percent to 10 percent. Individuals age 65 and older would be able to claim the itemized
deduction for medical expenses at 7.5 percent of adjusted gross income through 2016. [Sec. 9013 of H.R.3590]

I haven't seen this reported anywhere.  In 2013, you won't be able to claim medical expenses unless they exceed 10% on adjusted gross income.  For Seniors, the threshold will increase in 2017.

Here is the actual language of Section 9013:

SEC. 9013. MODIFICATION OF ITEMIZED DEDUCTION FOR MEDICAL
EXPENSES.
(a) IN GENERAL.—Subsection (a) of section 213 of the Internal
Revenue Code of 1986 is amended by striking ‘‘7.5 percent’’ and
inserting ‘‘10 percent’’.
(b) TEMPORARY WAIVER OF INCREASE FOR CERTAIN SENIORS.—
Section 213 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
‘‘(f) SPECIAL RULE FOR 2013, 2014, 2015, AND 2016.—In the
case of any taxable year beginning after December 31, 2012, and
ending before January 1, 2017, subsection (a) shall be applied
with respect to a taxpayer by substituting ‘7.5 percent’ for ‘10
percent’ if such taxpayer or such taxpayer’s spouse has attained
age 65 before the close of such taxable year.’’.
(c) CONFORMING AMENDMENT.—Section 56(b)(1)(B) of the
Internal Revenue Code of 1986 is amended by striking ‘‘by substituting
‘10 percent’ for ‘7.5 percent’ ’’ and inserting ‘‘without regard
to subsection (f) of such section’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2012.

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