Is It Possible To Deduct Medical Bills From Spousal Support Payments?

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Spousal support is subject to income tax and must be reported for both the recipient and paying spouse. Completion of a support buyout ensures no dealing with expenses, while monthly payments are modifiable. If spousal support is paid on a periodic basis, it is taxable as income for the recipient and tax deductible to the paying spouse. However, lump sum spousal support awards are limited.

If an ex-spouse refuses to pay overdue spousal support, there are several strategies to help recover what is owed. The laws for spousal support for tax benefits require the support payment to be in cash or inducable in the receiving spouse’s taxable income. After a couple separates, one spouse may be obligated to pay the other spousal support to help with living expenses. If they have children, one parent may be obligated to pay the other child.

If your ex-spouse refuses to comply with court-ordered spousal support, you have legal options to enforce the payments. The consequences for non-payment can range from wage garnishment to Maintenance Payments Relief, which allows you to claim up to 10 of £3, 260 of the maintenance you pay to your former spouse/civil partner.

Reimbursement alimony is another common type of spousal support where one spouse reimburses the other spouse for expenses during the marriage. Alimony may be tax-deductible if you finalized your divorce or support agreement before January 1, 2019. If you pay support, you cannot deduct the payments on federal income tax forms. If you receive spousal support, you can still deduct it on your income taxes. The paying spouse may no longer claim spousal maintenance as a tax deduction and the payee no longer needs to report those payments as income.

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📹 CPA EXPLAINS How To Deduct ALL Medical Expenses 🏥 From Taxes

By A Trusted CPA: How To Write-Off Your Health Expenses To Pay Less Taxes We’re talking about gym memberships, massages, …


Can I Deduct Medical Expenses
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Can I Deduct Medical Expenses?

Beware that not all medical expenses are deductible. To qualify, expenses must be paid within the tax year and cannot have been reimbursed. Deductible expenses can include fees for various healthcare providers such as doctors, dentists, and psychologists. To determine your eligibility, consider using an online tool to input your filing status and expenses. The IRS permits deductions for medically necessary services like surgeries and prescription medications, but some expenses are excluded.

Taxpayers may deduct unreimbursed medical expenses exceeding 7. 5% of their adjusted gross income (AGI), a reduction from the previous 10% threshold. Most taxpayers typically do not claim these deductions, as over 90% do not itemize on Schedule A. However, if you do itemize, eligible expenses exceeding the 7. 5% AGI threshold can reduce your taxable income, thereby lowering your tax bill. Familiarize yourself with which expenses are covered and the relevant rules and limits to maximize your potential deductions.

Do You Have To Pay Spousal Support After A Divorce
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Do You Have To Pay Spousal Support After A Divorce?

After a divorce, one spouse may be required to pay alimony, also known as spousal support or maintenance, to the other for financial assistance. Alimony laws differ by state, typically categorized into short-term and long-term support. It isn't automatically granted in a divorce; rather, it must be negotiated or decided by a judge. Generally, alimony is considered when there is a significant income disparity between the spouses post-separation, although not universally.

To obtain alimony, the requesting spouse must demonstrate a need for support and the paying spouse's ability to provide it. While spousal support may be outlined in divorce agreements, a judge ultimately has discretion over its awarding, amount, and duration. Alimony may begin during divorce proceedings as interim support, transitioning into permanent spousal support after the divorce is finalized. It’s crucial to note that not every spouse is entitled to alimony, and whether it is awarded depends on specific circumstances, financial situations, and the contributions made during the marriage.

Can A Spousal Payment Be Included In Income
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Can A Spousal Payment Be Included In Income?

Spousal support payments, referred to as alimony, have specific tax implications that vary based on the date of the divorce. For divorces finalized before January 1, 2019, alimony is taxable income for the recipient spouse and deductible for the payer spouse. Payments received by the recipient must be included in their gross income, while the payer can deduct these amounts from their taxable income.

However, for divorces occurring on or after January 1, 2019, the IRS no longer treats these payments as taxable income for the recipient, nor does it allow the payer to deduct the payments. Consequently, this change places a greater tax burden on those making spousal support payments, since they cannot reduce their taxable income by these amounts.

Certain spousal support or separate maintenance payments may still have tax implications, and it's crucial that individuals understand the rules surrounding them. All court-ordered support payments must be reported accordingly, and individuals should seek guidance to navigate the complexities involved. The courts will typically consider the income of both parties, alongside their standard of living, to determine the level of spousal maintenance. Understanding these tax ramifications is essential for both payers and recipients to settle on equitable financial solutions following a divorce.

Can Alimony Paid Reduce AGI
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Can Alimony Paid Reduce AGI?

Prior to January 1, 2019, taxpayers could deduct qualified alimony payments from their gross income when calculating Adjusted Gross Income (AGI). Under the Tax Cuts and Jobs Act, alimony payments are no longer deductible for the payer nor considered taxable income for the recipient for agreements executed after that date. This significantly affects AGI and tax liabilities for both parties involved. Alimony can impact Modified Adjusted Gross Income (MAGI) and it's crucial for taxpayers to explore strategies to minimize the tax consequences of alimony.

While the IRS recognizes payments under divorce or separation agreements as alimony for tax purposes, child support payments are excluded from this definition. To qualify for alimony deductions, payments must be made in cash or by check, among other specific IRS requirements. Although deductions on alimony can greatly lower a taxpayer's AGI and thus reduce their overall tax liability, recent changes mean that former spouses must calculate their state AGI separately without considering alimony calculations from federal filings.

Therefore, while divorcees and parents paying spousal support may seek deductions, these changes necessitate a thorough understanding of current tax rules and calculations regarding AGI and alimony transactions to navigate potential benefits and liabilities effectively.

Are Spousal Support Payments Tax Deductible
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Are Spousal Support Payments Tax Deductible?

If you pay spousal support, you can deduct those payments from your state income tax. However, if you receive spousal support, you must report it as income. For support orders finalized before January 1, 2019, both California and federal tax laws are aligned, allowing for tax deductions for the payer and taxable income for the recipient. Following the Tax Cuts and Jobs Act (TCJA), for agreements finalized after January 1, 2019, spousal support (alimony) is not tax-deductible for the payer, nor can it be included as income for the recipient.

Alimony is only deductible if the divorcing or separating parties adhere to specific agreements. Payments made while spouses live together are not deductible; only payments made after physical separation qualify. Generally, the higher-earning spouse pays the lower-earning spouse alimony, but there are exceptions. Since 2019, payers incur a greater tax burden as they cannot deduct alimony payments anymore. Additionally, child support payments remain non-taxable for recipients and non-deductible for payers.

Current laws categorize certain spousal support payments as potentially deductible, provided all conditions are met. Legal fees and expenses related to divorce are classified as personal and are not deductible. Thus, understanding the tax implications of spousal support requires careful consideration of the timing and agreements of divorce or separation.

Can I Deduct Medical Expenses For My Spouse
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Can I Deduct Medical Expenses For My Spouse?

To claim a deduction for medical expenses, you must have paid for these costs. If you were married at the time of payment or when the care was received, you can deduct medical expenses incurred for your spouse. When itemizing deductions on Schedule A (Form 1040), individuals can deduct qualifying medical or dental payments made for themselves, their spouse, and dependents. The deduction is applicable only for the amount that exceeds 7. 5% of your adjusted gross income (AGI).

You may deduct unreimbursed medical expenses not only for yourself but also for your spouse and qualifying dependents. It's important to ensure you were married when the expenses were incurred or paid to include those costs for your spouse. Even though dependent exemptions are no longer permissible on tax returns, the definition of dependents still matters. Consider your filing status, as married individuals filing separately may find deductions advantageous, although they may miss out on other tax benefits.

Eligible deductions include health insurance premiums, dental, and vision expenses you paid out of pocket. The IRS allows taxpayers to deduct all unreimbursed medical expenses exceeding 7. 5% of AGI. For example, if your AGI is $50, 000 and your family has $10, 000 in medical expenses, you will only deduct expenses above that threshold amount.

Which Of The Following Situations Will Result In An Award Being Excluded From Gross Income
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Which Of The Following Situations Will Result In An Award Being Excluded From Gross Income?

An award can be excluded from gross income if it meets specific criteria: it is a noncash item valued at less than $400, awarded for safety or years of service, or given for scientific, literary, or charitable achievements, contingent upon certain requirements. Situations leading to gross income exclusions include noncash awards valued under $400 for safety or service recognition and awards tied to scientific, literary, or charitable contributions that adhere to IRS stipulations.

For tax purposes, it's crucial to assess each scenario based on these regulations. An award based on outstanding work performance or scholarships may also qualify for exclusion if criteria are satisfied, contrasting with scenarios involving cash prizes or Christmas bonuses. Additionally, taxpayers may eliminate the original cost from gross income upon selling nondepreciable assets. Understanding gross income encompasses total earnings from various sources, with exclusions applicable depending on the nature and valuation of the award.

Certain debts might also be excluded from gross income, particularly in bankruptcy contexts. Thus, recognition awards, whether in cash or noncash form, must align with defined requirements to ensure exclusion from gross income based on federal taxation rules.

What Can Be Deducted As Alimony
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What Can Be Deducted As Alimony?

The IRS now classifies alimony payments in the same manner as child support, meaning they are neither deductible for the payer nor reportable as income for the recipient. For divorce or separation agreements executed before January 1, 2019, alimony payments are deductible for the payer and must be reported as taxable income by the recipient. However, the Tax Cuts and Jobs Act of 2017 eliminated this tax deduction for divorces finalized after that date. Thus, for any divorce finalized from January 1, 2019, onward, alimony payments are neither deductible nor taxable.

To qualify as alimony, payments must be made in cash or cash equivalents; noncash property settlements do not qualify. Before the enactment of the TCJA, qualifying alimony payments could be deducted on federal tax returns, but this is no longer applicable for agreements executed after December 31, 2018. The IRS asserts that no deduction is permissible for alimony payments made under these agreements and confirms that child support remains non-taxable and non-deductible.

Therefore, for individuals who divorced prior to 2019, alimony retains its deductible and taxable status, whereas post-2018 payments follow the new rules where neither party benefits from tax implications associated with alimony.

What Proof Do I Need To Deduct Medical Expenses
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What Proof Do I Need To Deduct Medical Expenses?

To claim a deduction for medical expenses on your tax return, it's crucial to keep comprehensive documentation. This includes itemized receipts or statements detailing the type of medical care received, who received it, the purpose of the expenses, and the amounts involved. The IRS requires proof of payment, such as canceled checks or bills. You can only deduct unreimbursed medical expenses that exceed 7. 5% of your adjusted gross income (AGI). Legislative changes have lowered this threshold from 10%.

When itemizing deductions on Schedule A of Form 1040, ensure you maintain records like billing invoices, receipts, and explanation of benefits (EOBs) from your insurance. If your AGI is $50, 000, only expenses surpassing $3, 750 would be deductible. It is essential to track all medical payments and confirm eligibility for deductions, as the IRS may not always request documentation. While claiming medical expenses can be complex, diligent record-keeping is vital to optimizing your tax deductions and ensuring compliance.


📹 Income Tax Accounting, Fall 2024, Chapter 5, LO5-1, medical expenses

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Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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5 comments

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  • We were advised that HSA’s are not available to govt retirees. If true, so be it. If not, how should we proceed? We do deduct our medical expenses as we meet the 7.5% threshold. However the HSA option would be very useful as we are in are 70’s and are incurring medical related expenses that may or may not meet IRS criteria. The HSA option would be much preferred as it appears to be a more flexible, more comprehensive way to recapture some of our cost.

  • Hello, I was under the impression that to use an HSA you have to be enrolled in a high deductible medical plan through your job and the account is set up that way and not just to transfer money from your bank account as mentioned. Am I mistaken or misinformed? Can you elaborate more on the subject? Thank you

  • I also would love to know more about HSA’s and properly writing off medical and health related expenses as a self-employed business owner. Also be interested in learning more about your service. Do you work with people that have lived overseas and have foreign taxes as well? I’m currently in the USA and am originally a USA citizen thank you.

  • I lived outside the country at one moment and visited doctors and hospitals there. It was the best care I’ve ever received. I would like to open an HSA and fund it to return to that country at least once a year for a full health screening and see those same doctors. Can I write off my travel expenses and medical costs? If so, What are the particular documents from doctor or hospital required by the IRS? I currently live and work in US but I’m a 1099 employee and not offered health insurance atm. I’d like to know if this is even an option lol 😂 Thank you for your expertise in advance 🙏🏽

  • I am self employed and have health insurance through the VA and through my wife’s insurance through her employment. Her employer pay half of the insurance leaving my wife to have the other half deducted off her pay. Is it possible to write off those premiums deductions some how? Can I have an hra pay her half because I’m on the policy too?

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