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LTHC deduction for schedule c filer


jasdlm

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Client is employed as a Professor at the University. He has some consulting income every year (as most faculty do). His insurance agent told him he could deduct his LTHC premiums (and those of his wife) on the front of the 1040 as a self-employed person. University pays HI.

I have never seen this done before. I have tried to research, and I'm not finding a clear answer. The University does not offer a subsidized LTCH policy for employees. Schedule C income is more than LTHC premium. However, it still doesn't seem quite right.

Anyone know anything about this?

Thanks so much.

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(2) LIMITATIONS

(A) DOLLAR AMOUNT

No deduction shall be allowed under paragraph (1) to the extent

that the amount of such deduction exceeds the taxpayer's earned

income (within the meaning of section 401©) derived by the

taxpayer from the trade or business with respect to which the

plan providing the medical care coverage is established.

(B) OTHER COVERAGE

Paragraph (1) shall not apply to any taxpayer for any calendar

month for which the taxpayer is eligible to participate in any

subsidized health plan maintained by any employer of the

taxpayer or of the spouse of the taxpayer. The preceding

sentence shall be applied separately with respect to--

(i) plans which include coverage for qualified long-term

care services (as defined in section 7702B©) or are

qualified long-term care insurance contracts (as defined in

section 7702B(B)), and

(ii) plans which do not include such coverage and are not

such contracts.

© LONG-TERM CARE PREMIUMS

In the case of a qualified long-term care insurance contract (as

defined in section 7702B(B)), only eligible long-term care

premiums (as defined in section 213(d)(10)) shall be taken into

account under paragraph (1).

See: REV. RUL. 71-588 for planning idea.

Only subsidized insurance is disqualified?

I think the agent maybe correct.

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