tax deductions for therapy and tuition?

[brenalexacamp]

I unilaterally placed my child with developmental delay at a "special school" as opposed to him going to the neighborhood high school- our due process hearing is in 13 days!!

Does anyone know if i can deduct therapy, lawyer fees, tuition fees on my taxes? i have also been out of work since august- i had to take a leave of absence to drive him back and forth as the school district won't provide transportation until we win.
would I put them under care for disabled child like his 'companion"care?
I always had my taxes done but this year 300.00 is 1/3 of a month's therapy!

thank you

 

[Cheshire Figment]

Legal fees are only deductible if they lead to getting taxable income, so that answer is no.

Tuition fees below the college level are normally not deductible. However, the expenses related to the medical component would be deductible as medical expenses. You would have to be able to compare the tuition and fees to the special school with a similar private school that was not intended for special needs.

As long as therapy is medically necessary as prescription or treatment it would be deductible.

However, if you should recover expenses at a later date which you had deducted you would be required to report the reibursement as taxable income to the extent of the deductions allowed.

 

[teachallday]

The IRS offers various tax cuts for people with disabilities and parents of children with disabilities.

Yes, you can deduct the school if it meets the following IRS guidelines:
"Costs for a school that furnishes special education if a principal reason for using the school is its resources for relieving a mental or physical disability.
This includes the cost of teaching Braille and lip reading and the cost of remedial language training to correct a condition caused by a birth defect."

You need to get an IRS publication to explain some of this. I pulled the following from an IRS publication:

All of the following forms and publications are available electronically from the Internal Revenue Service at www.irs.gov, 24 hours a day, 7 days a week.
For a free paper copy of any listed form or publication call 1-800-829-3676 (1-800-TAX-FORM). For additional questions about these credits and benefits you can call 1-800-829-1040. If you use TTY/TDD equipment, call 1-800-829-4059 to order forms and publications and to ask tax questions.

Publication 907, Tax Highlights for Persons with Disabilities
Publication 501, Exemptions, Standard Deduction, and Filing Information
Publication 535, Business Expenses
Publication 525, Taxable and Nontaxable Income
Publication 529, Miscellaneous Deductions
Publication 524, Credit for the Elderly or the Disabled
Publication 502, Medical and Dental Expenses
Publication 1600, Disaster Losses
Form 8839, Qualified Adoption Expenses
Publication 596, Earned Income Credit (EIC)
Publication 503, Child and Dependent Care Expenses
Form 8826, Disabled Access Credit
Form 3800, General Business Credit
Form 5884, Work Opportunity Credit
Form 8850, Pre-Screening Notice and Certification Request for Work Opportunity Credit

 

[Schmeck]

If you win, and you are reimbursed for expenses, then no, you can't claim them. If you do not prevail, then claim what you can, but the IRS is getting pretty picky about what it will accept. They denied my $4000+ out of pocket to have 8 of my DD's teeth repaired (genetic defect).

Sending positive vibes ~~~~ that your hearing goes well!

 

[brenalexacamp]

thank you-
he is in a special day school because they can provide the speech and ot services he needs-the nurse monitors his elevated blood pressure-he uses a communication device for speech- he has none.

So i guess I will have to have my taxes done by an accountant this year to be safe.

thank you

 

[brenalexacamp]

anyone?

 

[dclfun]

There was a recent "ask a lawyer" question similar to this in our local newspaper. The lawyer said basically to seek legal counsel but if a parent chooses to put their child in other than a public school and the public school has not gone through due process ( and has claimed it IS providing a free and appropriate public education), then no, the parents are making a choice and any expenses are not deductible. After that it was questionable as to whether educational expenses are deductible anyway. So, I guess, ask a lawyer who specializes in advocating for the disabled. You might also do a google search for Family Cafe and see if anyone there has a more accurate answer. I truly don't know other than what I've read, not having personal experience nor having legal expertise.---Kathy

 

[LuvsTinker]

I guess the tuition depends on who you ask. Our CPA said we can claim tuition (as medical exp.) for a private school that serves only kids with learning disabilities for things such as autism, ADHD, etc.