You may be eligible to deduct ALL or a substantial portion of your monthly rent as a medical deduction from your yearly tax assessment. The cost of assisted living may be tax deductible as a medical expense for both residents and family members who provide financial support.
Internal Revenue Code Section 213 (a) provides an itemized deduction for unreimbursed medical expenses to the extent that such expenses exceed 7.5% of adjusted gross income. Treasury Department Regulations state that the extent to which expenses for care in a facility other than a hospital are deductible depends on the condition of the individual and the nature of the services received. It does not depend on the nature of the facility.
The cost of medical care, meals and lodging is deductible when the principal reason for residing at Terrace Communities is for medical care. Medical reasons may include the following:
Resident is unable to perform, without substantial assistance, at least two out of six activities of daily living (eating, toileting, transferring, bathing, dressing, continence) for a period of at least 90 days due to a loss of functional capacity, OR
Resident requires substantial supervision to protect him or herself from threats to health and safety due to cognitive impairment.
When the principal reason for residing at Terrace Communities is not medical care, medical costs may be deductible, but meals and lodging expenses are not deductible.
If a family member pays for all or a portion of the cost of the facility, he or she may be able to take the medical deduction if the resident of the facility qualifies as the payer's dependent.
We recommend that you consult with a tax advisor to determine the potential tax treatment in your particular circumstances. Please refer to the Internal Revenue Code Sections 7702B(c)(1), 213 and 4980C and Notice 97-31, 1997-21, IRB, 05-06-97 at www.irs.gov.