Federal Tax Legislation

As noted in the other sections, the tax deductions that are listed in this section only apply to Tax-Qualified policies

Individual

Premium payments to purchase qualified long-term care insurance by an individual - for yourself, your spouse, and your tax dependents (e.g. your children or dependent parents) are now included as a personal medical expenses if you itemize your taxes [IRC Sec. 213(a)]. Medical expenses in excess of 7 ½% of your adjusted gross income are tax deductible. This means that a portion of your long-term care insurance premium will help you reach the 7 ½% and may even help you to exceed that threshold to receive a tax deduction. Below is a table of the amount of premiums qualifying as medical expenses for the 2011 and 2012 tax years. This is often referred to as the eligible long-term care premium. These increase each year based on the Medical Consumer Price Index.

Attained age before the close
of taxable year
Amount of premium 
that counts as an
allowable medical expense

2011
2012
40 and younger
$   340
$   350
41 - 50
$   640
$   660
51 - 60
$1,270
$1,310
61 - 70
$3,390
$3,500
Older than 70
$4,240
$4,370

Self-Employed

Qualified long-term care insurance premiums may also be treated like health insurance for the self-employed tax deduction. Self-employed individuals may deduct 100% of the eligible long-term care premium shown above [IRC Sec. 162(1)]. The definition of self-employed includes sole proprietorships, partnerships, "greater than 2% shareholders" of S-corporations, or Limited Liability Corporations.

Example: Bob, age 61, owns his own consulting firm. His long-term care insurance premium is $1,750 per year. Based on the chart listed under the INDIVIDUAL section, he is eligible to deduct 100% of up to $3,500. Therefore, he can deduct the entire $1,750.

C-Corporations

Premium payments are fully (100%) deductible as a reasonable and necessary business expense- similar to traditional health and accident insurance premiums [IRC Sec. 213(d)1]. This can apply to the owners, their spouses and dependents, and all employees.

Employer-paid long-term care insurance is excludable from the employee's gross income [IRC Sec. 106(2)] and the benefits received are tax-free.

Partnerships, S-Corporations and Limited Liability Corporations (LLC)

Premium payments purchased for a partner or owner (2%+ shareholder) are subject to the same rules mentioned above for self-employed [IRC Sec. 162(1)].

Premium payments for non-partner/non-owner or less than 2% shareholder-employee are 100% deductible as a reasonable and necessary business expense -- similar to traditional health and accident insurance premiums [IRC Sec. 162(2)].

Employer-paid long-term care insurance is excludable from the employee's gross income and the benefits received are tax-free [IRC Sec. 106(2)].


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Important Note: The information in this section is only intended as a general overview and is not intended to provide tax advice. There may have been changes in the tax law that may affect the information in this section. Please consult a tax-advisor for specific tax advice.

 
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