Long-Term Care Tax Deductions for 2007-2008


LTC Insurance is treated like medical expenses under the IRS tax code. There are three categories that have different tax treatment.


1. Individual.
2. Self-Employed, Partnerships, S-Corporations, LLCs, and LLPs.
3. C-Corporations.

Individual
Individuals may deduct their medical expenses to the extent that they exceed 7.5% of their adjusted gross income. The amount of eligible LTC Insurance premium that can be added to your other eligible expenses for tax year 2007 follows the chart below and is based on age:


Maximum Medical Expense Claim for Tax Qualified Long Term Care Insurance Premiums Under Internal Revenue Service Code # 213(d)(10) are Charted below.

Attained age at the close of the taxable year 2007

Allowable medical expense

40 and younger

$290

41 - 50

$550

51 - 60

$1,110

61 - 70

$2,950

71 and older

$3,680

Attained age at the close of the taxable year 2008

Allowable medical expense

40 and younger

$310

41 - 50

$580

51 - 60

$1,150

61 - 70

$3,080

71 and older

$3,850

 

Self-Employed, Partnerships, S-Corporations, LLCs, and LLPs


Self-employed individuals, who include sole proprietors, partners, and more than 2% shareholders of a subchapter S-Corporation, can deduct a percentage of eligible premiums paid for LTC insurance as a business expense. The percentage is subject to the age-based limits as determined for individual taxpayers and will increase over time. The advantage to being a business owner is that you don’t have the 7.5% hurdle to jump. You can deduct 100% of the eligible amount.
Policies provided for non-owner employees are not taxable to the employee.


C-Corporations


C-Corporations can deduct 100% of all Tax Qualified LTC Insurance premiums as a business expense for all employees, their spouses and dependents, and retirees. In addition, an employer's contributions toward the cost of premium are not included in the employee's income.


It appears as though LTC Insurance is not governed by the ERISA regulations, which has enabled C-Corp's to avoid discrimination rules for employer-employee provided coverage. This means an employer can provide any number of key employees coverage without having to provide it for all of the employees.