Jeff Schnepper
 
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The Basics
The IRS can help you cope with a disability

It's tough enough to have to restart your life if you're disabled fighting in Iraq or hurt on the job. Congress understands this and offers the disabled a host of useful tax breaks.

 By Jeff Schnepper

U.S. servicemen and women are deployed around the globe defending our democracy and our freedom. Some make the ultimate sacrifice. Others, wounded in action, return home disabled and have to cope with making a new life

At the same time, many people become disabled for other reasons: job accident, health crisis or the like.

Coping with those disabilities is hard physically, emotionally and financially.

The general rule is that all income is taxable unless its specifically excluded by law. But if youre disabled, our tax code gives you a number of breaks. The breaks mean savings for you or for your family. Here's a rundown.

Military and government disability pensions
Generally, disability pensions are included in your income. But some military and government disability pensions dont count. For example, you dont include disability benefits you get from the Department of Veterans Affairs. Among these excluded benefits are:
  • Education, training or subsistence allowances.
  • Disability compensation and pension payments for disabilities paid either to veterans or their families.
  • Grants for homes designed for people who use wheelchairs.
  • Grants for motor vehicles for some disabled veterans.
  • Veterans insurance proceeds and dividends paid either to veterans or their beneficiaries, including the proceeds of a veterans endowment policy paid before death or interest on insurance dividends left on deposit with the VA.
VA payments to hospital patients and resident veterans under the VAs therapeutic or rehabilitative program are regarded as income. But, theyre not wages. Report them on line 21 of your Form 1040 as other income.

Other disability payments
Other payments you may receive related to your disability may also be excluded. These include:
  • Benefit payments from a public welfare fund, such as payments due to blindness.
  • Workers compensation for an occupational injury or sickness.
  • Compensatory (but not punitive) damages for physical injury or physical sickness.
  • Disability benefits under a no-fault car insurance policy for loss of income or earning capacity as a result of injuries.
  • Compensation for the permanent loss, or loss of use, of a part or function of your body, or for permanent disfigurement.
Qualified long-term care insurance contracts generally are treated as accident and health-insurance contracts. Benefits you receive from them are normally excluded from income as amounts received for personal injury and sickness.


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If youre disabled, youre probably going to incur significant medical expenses. You can deduct these as itemized expenses to the extent they exceed 7.5% of your adjusted gross income (line 36 on your Form 1040). If you earn $75,000 a year, for example, the first $5,625 in medical expenses in any given year are not deductible. All qualified expenses after that threshold is reached are deductible.

Such deductions would include the cost for:
  • Artificial limbs, eyeglasses and hearing aids.
  • The excess cost of Braille books over regular printed editions.
  • Special telephone equipment for the hearing impaired.
  • Equipment that displays the audio part of television programs as subtitles for the hearing impaired.
  • Wheelchairs or electrically-powered wheelchairs or similar vehicles.
  • Guide dogs for the sight-impaired.
  • Special schools, if the main reason for using the school is its resources for the disabled.
  • Premiums for qualified long-term care insurance, up to certain limits.
  • Home improvements for medical care, such as special entrance or exit ramps.
  • Medical professionals and therapists.
If youre an employee whos disabled, you can also deduct any impairment-related work expenses, including attendant care that you might need at your workplace. You use Form 2106 to report these expenses.

But -- and there's always a but -- contributions to medical reimbursement accounts, health savings accounts, flexible spending and similar accounts do not apply to the 7.5% threshold. For more on medical expenses, see IRS Publication 502.

Business tax incentives
Businesses get some breaks for helping people with disabilities. They include:
  • Deduction for the cost of removing barriers to the disabled and the elderly. A business can take this deduction for making a facility or vehicle more accessible to persons who are disabled or elderly. See Chapter 8 of Publication 535 for details.

  • Disabled access credit. A credit reduces your tax rather than just your taxable income, as a deduction does. This is a nonrefundable credit for eligible small businesses that incur expenses to provide access to persons with disabilities. See Form 8826 for details.

  • Work opportunity credit. This is for businesses that hire individuals from targeted groups with either a high unemployment rate or other special employment needs. Those who are disabled are included in this targeted group. See Form 5884 for details on this credit.

Nonmilitary and government disability pensions
If you have a disability pension plan at work, whether the income received is taxable depends on who paid for the plan. If your employer paid the full amount, all of the income is taxable. If you paid the full cost of the plan, none of the income is taxable. If both you and your employer paid for the plan, you report only the amount received due to your employers payments. The rest is tax-free.

Social Security benefits
Up to 85% of your Social Security benefits may be subject to tax, depending on your income. Supplemental security income (SSI) payments are tax-free. Dont include them in your income.

Other disability benefits
The tax code is very friendly to those who are disabled. Publication 907, "Tax Highlights for Persons with Disabilities," offers a host of other details.

Additional aids include increased availability for dependent-care benefits (see Form 2441), child and dependent-care benefits (again Form 2441), and credits for the elderly and disabled (see Schedule R and Publication 524).

Of course, these benefits dont make a disability go away. But they do make it financially easier to live with.


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