Tax Tips for Families with Special Needs Children - (Tax Year 2002)

by Shannon Nash, Esq., C.P.A.

April is National Autism Awareness Month! It’s a cause for celebration indeed if it weren’t for that pesky day that strikes the fear in the hearts of every procrastinator – April 15th. But this year, special needs parents have a lot of tax savings, courtesy of Uncle Sam, and they couldn’t of come at a better time.

Medical Expenses
From therapies to numerous visits to doctors, parents of special needs children each year pay for numerous medical expenses – many of which are not reimbursed by insurance plans. But medical expenses can only be taken if they exceed 7.5% of the parents adjusted gross income. That means that for a family earning $100,000 a year, they would have to spend over $7500 in unreimbursed medical expenses before being able to deduct a penny.

For many special needs parents, this limit may not be that hard to reach. The following medical and dental expenses that are paid for by the parent, and not reimbursed under insurance plans should count as itemized deductions:

• Visits to doctors' offices.
• Visits to dentists' offices.
• Prescribed medicine and drugs like Ritalin.
• Foods purchased for special diets like the gluetin casein free diet.
• Attending a special school aimed at educating special needs kids (including meals, lodging, and tuition).
• In-home intensive therapies like Applied Behavioral Analysis, Lovaas, or Sonrise.
• Other therapies like speech, occupational, auditory integration, equestrian, aquatic, behavioral, music, art and any similar therapies.
• Institutional care facilities.
• Durable medical aides such as wheelchairs, hearing aids or eyeglasses.
• Admission and travel expenses for parents to attend conferences related to the child’s disability (but the costs or meals and lodging at these conferences are not included).
• Transportation incurred in getting medical care.
• Legal fees to get the special needs child medical treatment, which could include fights with the local school district to get the child certain therapies.

Child Daycare Credit
Parents of special needs children are able to take the child daycare credit for expenses incurred while they are at work for a disabled child regardless of age.

529 College Savings Plans
With 529 College Savings Plans, parents can invest up to $2,000 a year per child in an account that grows and is distributed on a tax-free basis. The catch: the money must be used for qualified education expenses like tuition, room and board, books, supplies and fees. For special needs parents these plans offer a very flexible way to save for a child’s educations – whether it be full-time or part-time, a 4-year college or vocational school. Also the regular time limits do not apply to parents with special needs children. For these children, parents can contribute to these plans even after the special needs child is 18 and the money can be paid out for educational expenses even after the child is 30.

Resources
• IRS’s website – http://www.irs.treas.gov
• Medical Expenses – Publication 502, Medical and Dental Expenses
• Child Daycare Credits – Form 2441,Child and Dependent Care Expenses and Publication 503, Child and Dependent Care Expenses
• 529 College Savings Plans -- IRS Publication 970, Tax Benefits for Education (See Chapter 6 under Qualified Tuition Programs)


Shannon Nash is a tax attorney and C.P.A. She received her Bachelor’s degree in accounting from the University of Virginia, McIntire School of Commerce and her law degree from the University of Virginia School of Law. She is a member of the Virginia and Washington D.C. bar and holds a C.P.A. license from the State of Virginia. She is an officer of the American Bar Association and Chair of the National Bar Association Tax Section. Shannon lives in Westlake Village, California (outside of Los Angeles) with her husband, an ex-submarine officer, and her son. She also writes the "Special Needs Journey" column.


March 15, 2002


 

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