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Medical expense deductions? And a family act presented yesterday

Forum: Trying to Conceive with Medical Assistance


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December 2nd, 2011, 02:04 AM
Joliving4Jesus's Avatar Mega Super Mommy
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A bill was presented today by a congressmen in my state to try to allow people to get a tax credit for infertility treatments including IVF, I am hoping and praying it gets passed, this is what it said.

RESOLVE: The National Infertility Association applauds Rep. John Lewis (GA) for introducing a bill in the U.S. House of Representatives that would provide eligible taxpayers a tax credit for the out-of-pocket expenses associated with infertility medical treatment. Co-sponsored by Rosa L. DeLauro (CT), William Keating (MA), and Richard E. Neal (MA), the appropriately named the “Family Act of 2011,” HR 3522 would apply to expenses related to in vitro fertilization and treatments to preserve fertility for cancer patients.

TheFamily Act of 2011”, HR 3522, is a companion bill to S 965 which was introduced in the U.S. Senate in May 2011. Advocates can now push for action on the two bills including bipartisan co-sponsorship, Committee Hearings, and movement on the Bills in both chambers.

Now, I also read about something on that site saying that IVF may be considered a medical expense deduction...here is more of what I read about that:

This Article considers whether infertile taxpayers can deduct their fertility treatment costs as medical expenses under Internal Revenue Code section 213 and whether they should be able to deduct them. Internal Revenue Code section 213 defines medical expenses as "amounts paid-for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body." This definition is interpreted by reference to a baseline of normal biological functioning, which includes reproductive functioning. Most people conceive and bear children without having to incur expenses for fertility treatment. Expenses incurred to approximate the baseline of normal reproductive health are deductible, even if the taxpayer winds up better off, with a child, after the fertility treatment. The medical profession recognizes that infertility is a disease or condition. Infertility is a loss, just as a broken leg is a loss. Fertility treatment costs are thus medical expenses under section 213. In addition, given the existence of the medical expense deduction, taxpayers should be able to deduct the cost of fertility treatments, including IVF, egg donor, and surrogate procedures, under either an "ability-to-pay" or consequentialist normative approach. Reproduction is extremely important to most people. In addition, allowing taxpayers to deduct the costs of fertility treatment will encourage infertile taxpayers to elect the most effective treatment option and reduce the rate of risky multifetal pregnancies. This Article concludes that fertility treatment costs are deductible as medical expenses under current law and should be deductible as medical expenses.

So what does this mean? Can someone explain it more to me and tell me if they've had any luck using this towards a fertility treatment, especially IVF.

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December 2nd, 2011, 07:01 AM
KMH KMH is offline
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Join Date: Sep 2008
Location: right of center
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Yes, fertility treatments are deductible medical expenses. This includes...money paid for treatment, surgeries, medications, ultrasounds, testing, bloodwork, and even mileage to and from your appointments.

There are few catches, though (as always, with the IRS ):

You can only deduct these medical expenses if you itemize your deductions. Then, you can only deduct the amount that is more than 7.5% of your adjusted gross income. Example: If your adjusted gross income is $50,000, 7.5% of that would be $3750, so the first $3750 of medical expenses doesn't count. Only the amount OVER $3500 can be deducted.

I hope that makes a little bit of sense...I'm an accountant, so I'll try to help (taxes aren't my specialty, but my boss is a tax goddess). It doesn't help with the OOP costs of IVF up-front, but it might help you buy nursery furniture afterwards

The bill introduced in GA sounds nice...a tax credit always gives you more money than a tax deduction. Fingers crossed that it is passed!

Also, here are other threads from when we have talked about this in the past...hope this helps!


Melissa & DH
IVF babies Claire (5), Abigail (3) and George (3)

Last edited by KMH; December 2nd, 2011 at 07:07 AM.
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December 2nd, 2011, 08:02 AM
kayakr's Avatar Persuaded by POAS’ers
Join Date: May 2011
Location: Midwest
Posts: 3,794
Wow I hope that passes. Thank you Melissa for the tax information. I will surely be using that in the next few months.
Me (43) DH(33) 12 years together - ttc our first together-I have 14yr old DS
Cycles 1-6 = BFN
Cycle 7 SA results abnormal morphology 2%, 50 mg clomid = BFN
Cycle 8 sonogram normal 50 mg clomid + trigger = BFN
Cycle 9 SA results abnormal morphology and motility. Count 200 mill, 100mg clomid + trigger = BFN
Cycle 10 natural = BFN
Cycle 11 hsg tubes clear, natural + trigger+IUI = BFN
Cycle 12 repronex + trigger + 2 IUI = BFN
Cycle 13 natural ovaries to stimulated for more meds = BFN
Cycle 14-22 natural cycle with Acupuncture and planning ivf/icsi/DE = ALL BFN
Cycle 23 Clomid 50 mg & Progesterone = BFN
Cycle 24 Natural = BFN
Cycle 25 BCP, SA result 7% morphology = BFN
Cycle 26 BCP and Lupron preparing for IVF
Cycle 27 IVF Acupuncture, DE Retrieval April 7, Transfer April 12 =
7 eggs retrieved, 3 fertilized, 2 transferred - zero snow babies
BETA # 1 16DPO or 11dp5dt = 569
BETA # 2 19 DPO or 14dp5dt = 1078
BETA # 3 22DPO or 17dp5dt = 2414 TWINS!
BETA # 4 30DPO or 25dp5dt = 12,685 6weeks 3days 2 heartbeats! 114 & 116
Clayton and Colton Born @ 34 weeks 11/22/13
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December 5th, 2011, 11:35 AM
Platinum Supermommy
Join Date: Aug 2008
Location: St. Louis, MO
Posts: 5,620
Agree with Melissa. I'm a tax CPA so feel free to message me if you have questions.
Mommy to Noah (4.5) and Emilee (2.5)

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December 5th, 2011, 12:18 PM
*JenJen*'s Avatar impatiently waiting
Join Date: Aug 2008
Location: west, but east. south, but not north.
Posts: 7,853
rawr. just did the math, and because I worked, we can't deduct. if I hadn't worked, we would have qualified for deductions.

My Blog
Me: 27, PCOS, ENDO, RPL, severe vitamin D defficiency
Him: 36, severe MFI post VR but counts climbing

2006-2015 7+ years of NTNP, TTC, TTCMA, Losses, Surgeries, and Diagnoses.
RPL and Genetic Tests came back 100% normal | Endo, PCOS, severe MFI
Multiple early losses between 3 and 8 weeks.

IVF referral in= 7/2017
RE Appt #1- 8/22/2017- doctor swears I don't have PCOS or RPL, go VEGAN to cure all
RE Appt #2- 8/24/2017- sono shows clear cysts, high afc, all bloodwork comes back PCOS typical

PAUSED UNTIL JANUARY 2018 to find a new IVF clinic

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