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CLINKSCALES: Tax reform and medical deductions

Randy Clinkscales

I like to read in the morning before I get serious about my workday but I have to be careful about what I read. I try not to read inflammatory or political news, for fear it will set a bad mood for the day.

Others go even further and choose not to be aware of current events. More distressing is when folks rely on headlines or blurbs to allow them to form their opinions.

I try to stay out of the political area when it comes to this column, but I do feel compelled to say something when it so directly affects my clients and their families.

Before the US Congress is a tax bill that provides sweeping changes to our taxing system. One provision in the House bill eliminates the deductibility of medical costs. I hope that change does not pass.

I have many clients that are either in long-term care, or are heading in the direction of long-term care. A nursing home right now costs about $6,000 a month. Many of my clients are paying much more than that.

In order to pay for that cost, many are starting to cash out resources. Some common resources include tapping into retirement plans or selling appreciated assets, both of which cause tax liabilities. Under current law, that tax impact can be offset by the deductibility of high medical expenses. In other words, my clients may be paying a lot of personal income tax as a result of taking money out of an IRA, but they can offset that because of the large expenses associated with long-term care. In addition, the tax laws favor purchasing long-term care insurance, because those premiums can be treated as a deductible medical expense.

Under the new proposed tax law changes, those medical expenses will not be deductible to offset the income tax liability.

Spending $70,000 to $100,000 a year on long-term care, plus incurring the tax liability, plus liquidating retirement plans and appreciated assets, will send most middle-class families into poverty, if not bankruptcy. Frankly, it will push more and more families into Medicaid, overburdening the current Medicaid system.

I will continue to try to read positive writings in the morning, but I know that this is a topic that we need to speak out about. My personal feeling is that the elimination of the medical deduction is bad for the middle-class family. I urge you to contact your representatives and senators.

Randy Clinkscales of Clinkscales Elder Law Practice, PA, Hays, Kansas, is an elder care attorney, practicing in western Kansas. To contact him, please send an email to [email protected]. Disclaimer: The information in the column is for general information purposes and does not constitute legal advice. Each case is different and outcomes depend on the fact of each case and the then applicable law. For specific questions, you should contact a qualified attorney.

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