Re: Dietary Tax Write Offs

[Guest guest]

Hanagan wrote:

> According to TACA, you can write off a portion of your dietary costs (if you

have a special diet of course). Does anyone know anything about this?

Suposedly it is the difference between the regular price of a food item and the

increased priced of the specialty food item. Would this fall under medical

expenses? Has anyone done things like this before?

Ironically, I was catching up on some verym very old emails from another

group today and forwarded a message to my sister on this very

subject...here's what it said...I hope this is what you were looking for.

http://www.specialfoods.com/taxdeductions.html

Tax Deductions for Allergies and Chemical Sensitivities

Section 213 of the Internal Revenue Code applies to persons who itemize

their deductions on Schedule A of Form 1040. Total medical expenses,

which now include drugs and medicines, are deductible to the extent they

exceed 7.5% of adjusted gross income. In addition to the obvious

deductions, items such as special filters and air cleaners and the costs

of their operation are deductible expenses. Vitamins and supplements,

when prescribed by a doctor, are treated as drugs and medicines. All

transportation costs for medical care are deductible including bus,

taxi, train or airfare as well as out-of-pocket costs for doctor, dental

and hospital trips. Auto mileage is deductible at 9 cents per mile. This

deduction includes the cost to transport and visit sick dependents.

(note: mileage changed- it's 18 cents a mile in 2006..)

Most importantly, Special Foods!TM products and food supplements qualify

as a medical deduction when they are prescribed by a physician or other

health professional for alleviation or treatment of an illness. (The IRS

does not grant deductible status when the foods are considered to be for

nutritional needs.) A leading case is that of Dr. Theron Randolph

(Theron Randolph, 67 TC 481), where the Tax Court held that a deduction

was allowable for " the additional cost of chemically uncontaminated

foods " . Uncontaminated foods require special care in growing, packaging,

and transporting that result in a higher retail cost. The benefit

received by patients was relief from medical problems. Similarly, costs

for unusual foods required because of allergic reactions to foods are

deductible expenses, because they are eaten to provide relief from

medical problems.

It is important to note the wording, " for alleviation or treatment of an

illness " . The IRS regularly refuses deductions for substituting foods

" for nutritional needs " , such as special diabetic diets or self-imposed

vitamin and organic food plans. When prescribed by a physician or other

health professional for alleviation or treatment of an illness, the

added cost of any special foods over that of commercial foods is

deductible. In other words, when you cannot eat regular foods, the costs

of the special foods above the costs for common foods you are replacing

in your diet, are deductible. For example, if you eat fresh malanga

tubers, you would deduct the difference between the cost of malanga

tubers and the cost of white potatoes, the item the malanga tubers would

be replacing. If you eat malanga flour, you would deduct the difference

between the cost for malanga flour and the cost of regular wheat flours.

When you use malanga noodles, you would deduct the difference in price

between malanga noodles and regular wheat noodles.

Other deductible expenses should include: 1) extra shipping costs, and

2) the additional mileage for shopping over that of local grocery trips,

at 9 cents per mile. (18 cents in 2006- check IRS for 2004, 2005, etc

rates..)

Finally, extensive documentation is essential in case of a tax audit.

Keep all receipts and be sure your health care professional gives you a

prescription before you incur expenses.

[Guest guest]

I tried to write off the fish oil supps and some other supps Josh has been on

for years. Check the IRS regs - according to the folks at my flexible spending

division, I could not/cannot write them off (or get reimbursement for them under

the flexible spending) since they are considered merely nutritional/dietary

supplements under IRS guidelines. A special diet, though, might be OK under IRS

regs if it is ordered by a doc. Again, check the IRS regs to be sure or talk to

some tax specialist.

Sherry and Josh

Hanagan <hanagan_8@...> wrote:

According to TACA, you can write off a portion of your dietary costs (if you

have a special diet of course). Does anyone know anything about this? Suposedly

it is the difference between the regular price of a food item and the increased

priced of the specialty food item. Would this fall under medical expenses? Has

anyone done things like this before?

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[Guest guest]

Those folks at the Flex Plans are often wrong. They

don't know about the exceptions you generally have to

educate them. You CAN deduct them; if you meet the

requirements to do so. See IRS Pub 502 www.irs.gov,

page 14 and page 16.

amy o

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[Guest guest]

Yes, I agree they are sometimes wrong. But, take a close look at Publ. 502 -

unless the dietary supplements/diet were prescribed by a doc, they are not

deductible but are considered nutritional supplements for your well-being (not

the exact language but close enough). As I wrote before, check with a tax

specialist before deducting them and raising a red flag to the IRS.

Sherry and Josh

" Amy W. Osborne " <amesw@...> wrote:

Those folks at the Flex Plans are often wrong. They

don't know about the exceptions you generally have to

educate them. You CAN deduct them; if you meet the

requirements to do so. See IRS Pub 502 www.irs.gov,

page 14 and page 16.

amy o

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know-it-all with Mobile. Try it now.

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[Guest guest]

Medical necessity is one of the three requirements for

deductibility. It's in Pub 502. My point being, that

these can be deductible, its not a blanket NO as was

in the original post.

Amy O

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[Guest guest]

I just look into this.

Get a doctor to write a letter to your flexplan stating it (the

supplement) is a medical necessity. My flexplan has a sample letter

online to follow. Send them the letter so they have it on file. When

you submit to get reimbursed, it should not be a problem.

I'm going to get my DAN doctor to fill one out the next time I go.

> Those folks at the Flex Plans are often wrong. They

> don't know about the exceptions you generally have to

> educate them. You CAN deduct them; if you meet the

> requirements to do so. See IRS Pub 502 www.irs.gov,

> page 14 and page 16.

>

> amy o

>

> __________________________________________________________

> Be a better friend, newshound, and

> know-it-all with Mobile. Try it now.

http://mobile./;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

>

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