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Now that we are in tax season, many caregivers and clients who are residents of an assisted living facility ask about tax deductions for assisted living costs.  The IRS provides rules for deducting certain qualified long-term care costs as medical expenses.  Normally, the costs of nursing home care should be deductible, but the status of Assisted Living Facility (ALF) costs has not been as clear.  

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For ALF residents, qualified long-term care costs are “necessary rehabilitative services, maintenance or personal care services that are (1) required by a chronically ill individual, and (2) provided pursuant to a plan of care by a licensed health care practitioner.”  In order to be eligible for tax deductions for assisted living costs, the ALF resident must first qualify as a chronically ill individual.  The resident can meet this definition if, within the previous 12 months, a licensed healthcare practitioner certified that the resident meets one of two descriptions:

1. The resident is unable to perform at least two activities of daily living (ADLs) without substantial assistance from another individual for at least 90 days due to a loss of functional capacity.  ADLs are eating, toileting, transferring, bathing, dressing and continence.

2. The resident requires substantial supervision to be protected from threats to health and safety due to severe cognitive impairment.

Maintenance or personal care services provide assistance for a chronically ill individual with his or her disabilities; therefore, if an ALF resident needs help with two ADLs, then the assistance provided by the ALF qualifies as personal care services.  Likewise, if the ALF protects the individual from safety and health threats due to severe cognitive impairment, then the assistance provided by the ALF qualifies as personal care services.  The certification of the chronic illness requirement must be done within the preceding 12 months.  The certifying licensed care practitioner can be any physician, registered professional nurse, or a licensed social worker, and this practitioner does not have to be an employee of the ALF, although this practitioner could be.  The licensed care practitioner must personally examine the resident and provide a written opinion.  The opinion should be obtained prior to admission to the ALF.

The plan of care is not defined within the Internal Revenue Code.  Federal statutes require that nursing facilities have a written plan of care for each resident.  Although written care plans for ALFs are not required by federal statutes, most ALFs prepare them.  The plan of care must be prepared by a licensed care practitioner, and it should be prepared at or as soon after admission to the ALF as possible.

If these requirements are satisfied, then 100% of the costs of the ALF (including room and board) are deductible on the resident’s 1040, Schedule A, to the extent that the costs are not reimbursed by government benefits or insurance.  For 2023 taxes, the resident can claim an itemized deduction for unreimbursed medical expenses to the extent that such expenses exceed 7.5% of adjusted gross income.  These expenses include the qualified long-term care expenses, as well as insurance premiums, and other eligible medical expenses.

If the resident does not meet the IRS requirements for tax deductions for assisted living costs, then the resident can still deduct the percentage of the ALF costs attributed to nursing services.  The room and board and personal services costs would not be deductible.  The ALF should provide an estimate of the deductible portion of its costs upon request, and the taxpayer can attach the statement to Schedule A of their tax filing.  Typically, 30% to 40% of the ALF costs are for nursing services.

If you or anyone you know has questions about deducting the costs of nursing home or assisted living, Burzynski Elder Law may be a great resource to help navigate the rules.  Call us today at 239-434-8557 to begin the process to get the assistance you need.