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Tax Benefits for Parents of Children with Learning Disabilities
If you have a child with a severe learning disability, you may qualify for
valuable tax benefits. If your child has AD/HD, or other physical, mental, or
emotional impairment, you may also qualify for tax benefits. Because tax
laws are complex, and many tax preparers often do not have occasion to
use these unique tax benefits, families are at risk of losing refunds worth
many thousands of dollars. It’s likely that 15-30 percent of families with a
disabled child have one or more unclaimed tax benefits.
This guide provides a summary of the most significant federal income tax
benefits and should not be considered legal advice. Tax decisions should
not be made simply on the basis of the information provided here. You are
advised to print out this guide and give a copy to your tax advisor. You
should also explore potential state income tax benefits, which are too
numerous for review in this guide.
Internal Revenue Service (IRS) “Publications” represent the most
accessible form of guidance to the tax rules for the general public, and
relevant IRS publications are cited for each of the tax benefits listed below.
The IRS also issues interpretations of the code and regulations called
“Revenue Rulings.” These interpretations are formal, binding policy
statements. Tax professionals rely on revenue rulings in advising clients
about tax liabilities and tax benefits. For example, Revenue Ruling 78-340,
discussed later, authorizes a medical expense deduction for tuition or
tutoring fees paid for a child with a severe learning disability who is
attending a special school at the recommendation of the child’s doctor.
Tax Benefits: Deductions vs. Credits
It’s important to distinguish between two different categories of tax
benefits. One category is a “deduction from taxable income” or simply “a
deduction.” The value of a deduction is based on the marginal tax rate of
the taxpayer. If a person has a tax deduction “worth $1,000,” the actual
value of the deduction will be determined by the taxpayer’s tax rate. So a
taxpayer in the lowest tax rate bracket, 10 percent, will have taxable
income reduced by $1,000, and save $100 (10 percent of $1,000).
However, a taxpayer in a higher bracket, for example, 28 percent, will have
taxable income reduced by $1,000, and save $280 (28 percent of $1,000).
The second tax benefit is a tax credit, which is a dollar-for-dollar reduction
in tax liability. An individual with a tax credit worth $1,000 will have his tax
bill reduced by $1,000. This means that the actual amount of taxes is
reduced by the amount of the tax credit. However, because tax laws and
procedures are very complicated, other factors can influence the ultimate
value to the taxpayer.
The following summarizes the principal tax benefits that may be available
to families caring for children with severe learning disabilities.
Retroactive Claims for Refunds
The IRS allows taxpayers to file amended returns, and collect refunds for
unclaimed tax benefits, retroactively up to three years. This means a
taxpayer can file an amended return for the 2003 tax year (and also for
the 2004 and 2005 tax years) and claim a refund if the return is filed not
later than April 15, 2007. (See IRS Publication 17, Your Federal Income
Tax, 2005, at pp. 18-19.)
Besides Parents, Who Can Claim a Child as a Dependent?
A relative caretaker (e.g., a grandparent or aunt), or a non-relative
caretaker (e.g., a foster parent or legal guardian), may be able to claim a
child as a dependent and qualify for related tax benefits. A relative
caretaker and the child are not required to live in the same household.
More information is available in IRS Publication 501 at pp 9-12: http://www.
irs.gov/pub/irs-pdf/p501.pdf
Eligibility is determined by a five-part test. The most critical requirement is
that the caretaker must provide more than half of overall financial support
for the child. For example, there may be cases where the caretaker is
making a substantial financial contribution toward LD-related expenses (e.
g., private school tuition) that represents more than half of the overall cost
of support for the child. In those situations, the caretaker could list the
child as a dependent, and claim the tuition as a medical expense
deduction on Schedule A.
Medical Expense Deductions
A taxpayer may claim a deduction for medical expenses of the taxpayer or
the taxpayer’s dependents (see box for more information on dependents).
The IRS has ruled that tuition costs for a special school that has a
program designed to educate children with learning disabilities and
amounts paid for a child’s tutoring by a teacher specially trained and
qualified to deal with severe learning disabilities may also be deducted.
(Revenue Ruling 78-340, 1978-2 C.B. 124.) Special instruction or training
or therapy, such as sign language instruction, speech therapy, and
remedial reading instruction also would be deductible. Related books and
materials can qualify for the medical expense deduction.
Generally, to qualify for the deduction, the child’s doctor must recommend
the special school, therapy, or tutoring, and there must be a medical
diagnosis of a neurological disorder, such as severe learning disability,
made by a medical professional. Transportation expenses to the special
school or to the tutor also qualify for a medical expense deduction. If
transportation is by car, the allowable expense in 2006 is eighteen cents
per mile plus parking and tolls, or the actual cost of operating the vehicle.
Diagnostic evaluations also qualify for a medical expense deduction. This
can include testing by a speech-language pathologist, psychologist,
neurologist, or other person with professional qualifications.
Note: Expenses claimed as a medical expense deduction and later
reimbursed by an insurance company or school district (e.g., the service is
adopted as part of the child’s IEP) must be reported as taxable income for
the year in which the reimbursements are received. If parents have paid
for the services but haven’t claimed them as a medical expense, they
should ask that the school district not issue a 1099 form in connection with
the reimbursement. If the school district does issue a 1099, consult with a
tax advisor about how to proceed.
Not everyone who has medical expenses can use them on their tax return.
Medical expenses must be claimed on Schedule A, Itemized Deductions,
and are subject to certain limitations. First, the family must have itemized
deductions that exceed their standard deduction in order to use Schedule
A (about 65 percent of taxpayers do not itemize for this reason). Second,
medical expenses are allowed as a deduction only to the extent that they
exceed 7.5 percent of adjusted gross income, a significant threshold for
many families. (See IRS Publication 502, Medical and Dental Expenses.)
What expenses qualify for a tax deduction?
The following expenses may qualify for the deduction if a medical
professional recommends the service or treatment for the child and there
is a medical diagnosis of a neurological disorder, such as severe learning
disability:
Tuition to a private school
Tutoring
Specialized materials (e.g., books, software, and instructional material)
Diagnostic evaluations (by a private practitioner)
Therapy
Transportation expenses to the private school or tutor
Health Saving Accounts and Flexible Savings Arrangements
Alternative approaches to obtaining tax benefits in connection with medical
expenses may involve use of a Health Saving Account (HSA) or a Flexible
Savings Arrangement (FSA). All of the LD-related medical expenses
reviewed above can be paid through an HSA or FSA with pre-tax dollars.
An HSA allows a worker to use up to $5,450 in pretax income for medical
expenses. An HSA may only be opened where the employee has a “high
deductible” health insurance plan. Amounts placed in an HSA may be
carried over to following years if not used.
A Flexible Savings Arrangement (FSA) can be part of a “cafeteria plan” of
alternative fringe benefits offered by an employer. An employee can
allocate pre-tax income to the account, and then withdraw it during the
year to pay for medical expenses. Employers may also make contributions
to the FSA, and the maximum amount is set by the terms of the employer
plan. Two important conditions are:
The amount to be placed in the account must be determined by the
employee at the beginning of the year.
Funds in the FSA that are not used by the end of the year are lost.
However, a recent amendment allows a one-time transfer of FSA funds to
an HSA.
The employer’s human resource office can provide more information. Also,
see IRS Publication 969, Health Savings Accounts and Other Tax-Favored
Health Plans.
Deduction for Disability-Related Conferences
In May 2000 the IRS issued Revenue Ruling 2000-24, which offers
guidance — and good news — for parents of children with disabilities.
Parents who attend conferences to obtain medical information concerning
treatment for and care of their child may deduct some of the costs of
attending a medical conference relating to a dependent’s chronic health
condition. The important points to remember are:
Medical expenses are deductible only to the extent that they exceed 7.5
percent of an individual’s adjusted gross income, and that limitation
applies to this deduction as well;
Costs for admission and transportation to a medical conference relating to
your dependent’s chronic health condition are now deductible, if the costs
are primarily for and essential to the care of the dependent.
Costs of meals and lodging related to a conference, however, are not
deductible. (Note, however, lodging, up to $50 per night, is deductible if
you must travel and stay at a hotel while your dependent is receiving
medical treatment from a licensed physician in a hospital or a related or
equivalent setting.)
Costs are “primarily for and essential to the care of the dependent” (and
therefore deductible) if:
The parent attends the conference upon the recommendation of a medical
provider treating the child;
The conference disseminates medical information concerning the child’s
condition that may be useful in making decisions about the treatment of or
caring for the child;
The primary purpose of the visit is to attend the conference. While at the
conference, the parent’s social and recreational activities in the city he or
she is visiting are secondary to attendance at the conference;
The conference deals with specific issues related to a medical condition
and does not just relate to general health and well-being.
Child and Dependent Care Credit
The Child and Dependent Care Credit is allowed for work-related
expenses incurred for dependents of the taxpayer. Generally the
dependent must be under the age of 13. However, if the child has a
disability and requires supervision, the age limit is waived. For example, a
16-year-old with severe AD/HD and a behavior disorder who cannot be left
without adult supervision would be a qualifying child for this credit.
Expenses up to $3,000 per year for one qualifying dependent and up to
$6,000 for two or more qualifying dependents are allowed. Expenses for
regular childcare services, after-school programs, and summer camp
qualify although overnight summer camp expenses do not. Payments to a
relative to care for a child also qualify, as long as the relative is not a
dependent of the taxpayer. The credit is calculated at 20-35 percent of
allowable expenses, based on the family’s adjusted gross income. The
average credit is about $600 but can be as high as $2,100. (See IRS
Publication 503, Child and Dependent Care Expenses.)
Exemption for Dependents
A taxpayer is entitled to claim an exemption for each qualified dependent.
This may appear relatively straightforward, but caretakers, such as
grandparents, aunts, or even foster parents, may overlook exemptions.
Also, in some cases following a divorce, a non-custodial parent who
provides the majority of support for a child with a severe learning disability,
and also pays for medical/educational expenses related to the child’s
learning disability, may likewise qualify for both the exemption and medical
expense deductions. A new definition of “qualifying child” took effect in the
2005 tax year; the most significant change is that the taxpayer need not
show support for a “qualifying child” but the child must live with the
taxpayer for more than six months. For each dependent, there is an
exemption from taxable income, worth $3,300 for the 2006 tax year. For a
taxpayer with a marginal tax rate of 25 percent, each exemption will reduce
the tax liability by $825. Equally important, the dependency status is
required for some tax benefits such as the child and dependent care credit
listed above. Also dependents under age 17 qualify for the Child Tax
Credit, worth up to $1,000 per child. (See IRS Publication 501,
Exemptions, Standard Deduction and Filing Information, and Instructions to
Form 1040.)
Note: The gift tax — which imposes a tax on the donor for gifts over
$12,000 — generally doesn’t apply to payments for medical expenses or
education. This is a complex topic, and should be discussed with a tax
advisor when a taxpayer provides, or plans to provide, an amount greater
that $12,000 to anyone not a dependent.
Earned Income Tax Credit
Families filing a married joint return with adjusted gross income under
$36,348 ($38,348 for married taxpayers filing a joint return) may qualify for
the Earned Income Tax Credit (EITC) based on the presence of one or two
“qualifying children” in the taxpayer’s home. For EITC purposes, a
“qualifying child” is a biological child, adopted child, step child, or foster
child who resided with the taxpayer for more than six months during the
calendar year, and is under age 19 at the end of the year. A “qualifying
child” is also a child age 19-23 who is a full-time student for at least one
semester. Finally, a severely disabled child is a “qualifying child” without
regard to age, even into adulthood, as long as the child continues to live
with his parent(s). Note that a “qualifying child” for EITC does not have to
meet the requirements for a dependency exemption. EITC benefits are as
high as $4,536 for families with two or more qualifying children, although
the average EITC nationally is about $1,900. (See IRS Publication 596 for
more information.)
Where to Get More Information
The IRS provides free booklets that cover each of the topics listed above.
The titles listed below may be ordered by calling the IRS toll-free number:
(800) 829-3676. Generally, taxpayers may order up to three copies of any
publication or form. The following booklets may be helpful:
IRS Publication 17: “Your Federal Income Tax” (a comprehensive 300+
page guide)
IRS Publication 502: Medical and Dental Expenses (especially p 13)
IRS Publication 503: Child and Dependent Care Expenses
IRS Publication 501: Exemptions, Standard Deduction and Filing
Information
IRS Publication 596: Earned Income Tax Credit
IRS Publication 969, Health Savings Accounts and Other Tax-Favored
Health Plans I
Extensive information can also be obtained from the IRS. The American
Bar Association Section on Taxation contains links to scores of tax- related
sites.
Tax Counseling and Tax Preparation Assistance
Certified Public Accountants (CPAs) represent one source of tax advisors,
although not all CPAs have expertise in this area. Enrolled Agents are
individuals licensed by the IRS to represent taxpayers, and this group
generally has a high degree of expertise.
Typically, charges for a tax return with multiple deductions and credits will
cost $150-300. Several national companies provide tax preparation and
tax counseling services. Many operate only during the tax filing season but
a small number in larger urban areas are open year round. Fees charged
by these companies are slightly lower than the fees typically charged by
CPAs and Enrolled Agents.
Some parents may not be able to afford fees charged by professional tax
preparers, who generally seek payment in advance. An option for lower
income clients is the Volunteer Income Tax Assistance (VITA) program.
However, because of broad range in skills and expertise of volunteers,
caution is recommended. Some large cities have one or more VITA
programs that offer professional level services. A university accounting
department or the local legal services program may be able to help you
identify a high quality VITA program.
Disputes with the IRS
Disputes with the IRS are relatively rare; less than 1.5 percent of all
individual income tax returns are subject to an IRS audit. However, if the
IRS questions your return, and you feel an IRS agent is not responding
properly, contact the Taxpayer Advocate for assistance — toll-free: (877)
777-4778. Low Income Taxpayer Clinics are another source of help. The
IRS funds more than 100 clinics to represent lower income taxpayers in
disputes with the IRS or state revenue departments. Clinics assist
taxpayers with income under 250 percent of the poverty level — about
$50,000 for a family of four. Some clinics, especially those attached to law
schools, will represent higher income families. Information on the nearest
clinic can be obtained from the general IRS toll-free inquiry number: (800)
829-1040. Families above this income level should call their county or
state bar association.
Final Thoughts
This guide offers a brief summary of some, but not all, of the potential tax
benefits that may be available to you. You should obtain copies of the IRS
publications cited above and discuss with your tax advisor whether these
benefits apply to you. Again, you should not rely on this guide alone to
determine whether you should claim any of the tax benefits reviewed here.
© 2007 Charles and Helen Schwab Foundation Created: 01/22/2007
About the Contributors
Michael A. O'Connor is an attorney who promotes awareness of tax
policies that benefit families. In addition, as a member of the firm Mauk & O’
Connor, LLP (http://www.maukoconnor.com), he represents parents in
disputes with local school districts concerning special education services
for learning disabled children. He is a Board Member of the Council of
Parent Attorneys & Advocates (COPAA).
Thanks to:
