Stop the presses!! Is this accurate?

Someone told me that if you lose 100 pounds or more that you can write off the costs of a LBL or TT?  Anyone ever try this?

Depends, IRS will allow you to write off medical expenses. You can't claim plastic surgery but you can claim reconstructive surgery. So I guess you can try it but if you get audited they may or may not see it as reconstructive.

Just to clarify..........
You can only claim it is reconstructive surgery IF it is medically necessary to fix something due to deformity or disease....you can't just call a face lift or a Tummy Tuck "reconstructive" and hope the IRS will accept it.

I wish we could....I've spend almost $35,000 so far on my procedures.

Don't get too excited........
The IRS says nothing about how much weight you lost it all depends on whether or not the surgery is "medically necessary".
Here's the tax code. (you can read more at www.irs.gov)

“Cosmetic Surgery  

Generally, you cannot include in medical expenses the amount you pay for unnecessary cosmetic surgery. This includes any procedure that is directed at improving the patient’s appearance and does not meaningfully promote the proper function of the body or prevent or treat illness or disease. You generally cannot include in medical expenses the amount you pay for procedures such as face lifts, hair transplants, hair removal (electrolysis), and liposuction.

 

You can include in medical expenses the amount you pay for cosmetic surgery if it is necessary to improve a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or a disfiguring disease."

 

NOW....having said that- there has been the rare (1 or 2) cases that people challenged the IRS in court and I have read about one woman who won but I’m not sure I want to have a legal battle with the IRS.  Deducting $20k paid for surgery will not reduce your tax pill by that much anyhow.

So, ask your tax consultant…..ask a real tax consultant someone well versed in tax law.

 

If you deduct it and the IRS rejects it you will not only owe the money on the taxes but you’ll owe penalties on top of it too.

Sorry to burst everyones bubble....
BUT if anyone has found something different in IRS rules/regs please share.

Moosie....Thanks for the info...I will definitely ask my CPA. I got the info from someone who worked for H&R Block so I'm hopeful it's accurate info.

Thanks for the link!

I work for the Department of Revenue for state of Illinois.  Only on the most basic would I listen to places like H&R block or Jackson Hewitt.   Beyond the basic go to a good CPA.  You might even want to ask a couple because like Dr's they have different opinions on things and the only final answer is the IRS.   (this is my opinion from 25 years of working with taxes)

I've studied Tax Law and was VP in a corporate tax dept but I do not claim to be an expert by any stretch of the imagination....
I mean no offensive to anyone who works at H&R block or any other "cookie cutter" type tax firm but please with something this unusual ask someone who specializes in tax law.

Good luck.

Let me know if you find out anything different.

FYI - my tax guy is a former NY IRS big wig and he said "sorry, no can do".....

As I am sitting here taking a break from my Masters in Taxation homework, I decided to peruse the board. And what do I find??? A discussion on taxes!  I coudn't resist a comment!

Here is a link I to a discussion I commented on back in October. I fully intend on deducting my expenses, however, I have the reference material to back it up. Please read my disclamer, but the information should give you some info to provide to your tax preparer. I would only do it if I had a knowledgeable CPA or tax attorney on my side.

http://www.obesityhelp.com/forums/plasticsurgery/4050527/Letters-for-Taxes/#32890729

I do my own taxes and did them both ways - with my TT and without.  IT only raised my refund by $200.00 so it wasn't worth it.  I'm not going to claim my TT - even though I do have a letter from my doctor stating it was for reconstructive purposes following massive weight loss and I have pictures to back up what he wrote.  Including how much weight he removed and previous doctors documentation about back pain and other ailments related to my massive excess skin.  I just don't thing $200 is worth battling the IRS.

This is only my opinion.

Is morbid obesity a disease ? 

Is the excess skin left afterwards a "deformity that is the result of a disease?"

Is skin removal a "correction of deformity that results from disease" ?

If insurance denies you, does that automatically mean it's cosmetic ?

What is the standard of documentation required to satisfy the IRS ?

Welcome to the world of the government's tax auditors and accountants deciding medical issues !

(Ask them in New Jersey, where they have a cosmetic surgery tax and have to sort this kind of thing out all day long !)

I've known people to do it, but I agree...is it worth a possible tumble with the IRS over the deduction ?