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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7434
Experience:  15years with H & R Block. Divisional leader, Instructor
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My son and his wife just had their 2nd child. There are several

Resolved Question:

My son and his wife just had their 2nd child. There are several thousand dollars in medical bills which they cannot pay. My son is self employed and is not making ends meet,much less paying extra medical bills. I am considering paying the bills for them and wondered if I canlegally get a tax deduction on my income tax itemized deductions for 2013 for paying these bills for them. They are not dependents on my form 1040. Thanks for any help you could provide.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D. :

Hello and thank you for using Just Answer,
If you pay someone's medical bills fo rthem that would normally only be allowed as a deduction if the person was your dependent. There is a provision that is the only reason you cannot claim them as a dependent is because they make more than the personal exemption amount, then you are allowed to use the medical bills as a deduction.

Robin D. :

Unfortunately in your son's case if they do not live with you then the exception would not apply. You would have other reasons why you could not claim them, such as you are not supplying more then half of their support and they are married and have income to report.

Robin D. :

You can include medical expenses you paid for an individual that would have been your dependent except that:




  1. He or she received gross income of $3,800 or more in 2012,




  2. He or she filed a joint return for 2012, or




  3. You, or your spouse if filing jointly, could be claimed as a dependent on someone else's 2012 return.



Robin D. :

If the above are the only reasons you could not claim your son as a dependent then you would be allowed to use the medical expenses on your Schedule A that you pay on his behalf.

Robin D. :

The amount for #1 above increases to $3900 for 2013.

Robin D. :

My goal is to give you excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic request me again.

Customer:

So you are saying this - he does not live with me, he will earn more than $3900 in 2013, and he and his wife will file a joint return in 2013 as they did in 2012, I can claim the medical expenses I pay for him in 2013 on my 2013 Schedule A. Is that correct ? Thanks !!

Robin D. :

I am saying that if you could claim him as a dependent except that he earned too much and he filed the joint return (generally just to get a refund because no tax liability was there) then you could use the medical but if they do not live with you then you could not.
You see sometimes a relative or child lives with the taxpayer and still because they earn over the limit they cannot be depdndents but the taxpayer could still use the medical they paid.

Robin D. :

So if they do not live with you then you cannot.

Robin D. :

The person for whom the medical is owed (I am guessing your daughter-in-law if this is for the new baby and congrats on that) then she would have needed to meet all the other requirements but she earned too much or she filed a joint return.

Robin D. :

You see if the person you pay the medical for would need to meet all the other requirements for a dependent but just miss it by either the earnings or the filing a joint return.

Robin D. :

I understand your wanting to assist them and it would be great if you could use the medical on your Schedule A.

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7434
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 3 other Tax Specialists are ready to help you

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