Wednesday, February 22, 2012
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Federal Tax Legislation

As already noted, the tax advantages listed in this section only apply to Tax-Qualified (TQ) policies.

Generally tax qualified LTC insurance is considered a form of medical/health insurance and the tax benefits follow health insurance rules.  There are two exceptions:  Individuals are limited in the amount of premium that is considered an Eligible medical expense, and voluntary premiums can not be paid on a pre-tax basis.

Individual

Premium payments to purchase qualified long-term care insurance by an individual - for yourself, your spouse, and your tax dependents (e.g. your children or dependent parents) are now includable as a personal medical expenses if you itemize your taxes [IRC Sec. 213(a)]. Medical expenses in excess of 7 ½% of your adjusted gross income are tax deductible. This means that a portion of your long-term care insurance premium can help you reach the 7 ½% and may even help you to exceed that threshold to receive a tax deduction.

NOTE that as a result of health care reform, the 7.5% threshold increases to 10% of AGI starting in 2013, making it even harder to qualify for an individual medical expense deduction.

If you have a Health Savings Account (HSA), you can pay your qualified LTC insurance premiums (or be reimbursed for premiums) tax-free from your HSA, but only up to the age-based, Eligible premium noted below.  You do not have have to itemize and do not have to meet the 7.5% threshold.

Below is a table of the amount of premiums qualifying as medical expenses for the 2011 and 2012 tax years. This is called the "Eligible" long-term care premium. This increases each year based on the Medical Consumer Price Index.
 
Attained age before the close of the taxable year Amount of premium that counts as an allowable medical expense
 
2011
2012
40 and younger $ 340 $ 350
41-50 $ 640 $ 660
51-60 $1,270 $1,310
61-70 $3,390 $3,500
Older than 70 $4,240 $4,370
   
Self-Employed Business Owners

Qualified long-term care insurance premiums are treated like health insurance for the self-employed health insurance tax deduction.  Self-employed individuals may deduct up to the eligible long-term care premium shown above [IRC Sec. 162(1)]. The definition of self-employed includes sole proprietors, partners, "greater than 2% shareholders"of S-corporations, 
or Limited Liability Corporation members taxed as "self-employed".

This is an "above-the-line" deduction taking on page one of Form 1040 as part of the "Self-Employed Health Insurance Deduction".  Itemization and the 7.5% threshold are NOT required.

Example: Bob, age 61, owns his own consulting firm. His long-term care insurance premium is $2,000 per year. Based on the chart listed under the INDIVIDUAL section, in 2012 he is eligible to deduct up to $3,500. Therefore, he can deduct his entire $2,000 premium.  (If Bob were 55, he could only take $1,310 as a Self Employed Health Insurance Deduction for LTC insurance.)

This deduction is also available for the business owner's spouse.  Bob's wife would qualify for her own age-based deduction amount based on her age.

C-Corporations

Premium payments are fully (100%) deductible as a reasonable and necessary business expense- similar to traditional health and accident insurance premiums [IRC Sec. 213(d)1]. This can apply to shareholder/employees, their spouses and dependents, and all employees.

Employer-paid long-term care insurance is excludable from an employee's gross income - including a shareholder/employee's income [IRC Sec. 106(2)] and the benefits received are tax-free.

Non-Owner Employees

In any business entity, premiums paid by the business for a NON-owner are 100% deductible - without limit - as a reasonable and necessary business expense -- similar to traditional health and accident insurance premiums [IRC Sec. 162(2)].

Employer-paid long-term care insurance is excludable from the employee's gross income and the benefits received are tax-free [IRC Sec. 106(2)].

Voluntary Premiums

Premiums paid by an employee through payroll or any type of salary reduction agreement must be paid after-tax.  LTC insurance is not allowed in a pre-tax, "125" plan [IRC Sec. 125(f)].


Jump to additional information in this topic by clicking on any of these links:
HIPPA | Federal | State.

 List of state tax incentives...


Important Note: The information in this section is only intended as a general overview and is not intended to provide tax advice. There may have been changes in the tax law that may affect the information in this section. Please consult a tax-advisor for specific tax advice.
   
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