OTC medicine required with prescribed drugs

Is your otc medication prescribed by a Dr on a Rx ?

I think that if the Dr writes you a Rx to take a particular medication, it should be deductible. ___________________________________

-----> real address on hobokeni or hobokenx

Are you *SURE* that OTC medications are not deductible? For the purposes of 125 ("cafeteria") plans, they are reimbursable -- whether they are prescribed by a doctor or not. I have always assumed that the rules for Rx reimbursement from a 125 plan were the same as deductibility on Schedule A.

The real problem with what you say is that is is logical. And that is not necessarily the case with tax law. ChEAr$, Harlan Lunsford, EA n LA

OTC medications other than insulin are not deductible. The rules for 125 plan reimbursements are not the same as the Schedule A deductibility rules. That's one of the advantages of 125 plans. Ira Smilovitz

They aren't. The 125 rules are more liberal.

-- Rich Carreiro snipped-for-privacy@animato.arlington.ma.us

Your assumption is incorrect. The change to Sec. 125 plans that allowed for reimbursement of OTC drugs with pre-tax dollars was announced in 9/03. See IR 2003-108 and RR

While the rules for 125 reimbursement changed, the rules for medical deductions on Schedule A did not.

Once certain OTC drugs became reimburseable that became no longer true.

I believe that Sec. 213(a) requires a prescribed drug as defined in S. 213(d)(3): (3) Prescribed drug. - The term ''prescribed drug'' means a drug or biological which requires a prescription of a physician for its use by an individual.

While I don't have any citations at hand, the legal position has always been that the deduction is only allowed for those drugs that can only be acquired via a doctor's prescription.

THAT I know! However, even IRS is occasionally logical, and some of their older employees must have the same problem. Another example is the 81 mg aspirin. NO one takes that low a dose for pain. Doctors routinely tell heart patients to take one a day for heart health. And the minute surgery is scheduled, they ask whether or not one is taking it and to stop for a period before and after the surgery. So the 81 mg is potent for one use (purely medical) and not another (relieve pain). I don't read all the Rev Rules as they drift past. Should, but can't. Some clarification might have existed that I missed - hopefully. Nan, EA in LA

While agreeing with what you say, I can't agree that "always" is true. Years ago, a client had a prescription from the doctor for so much beer a day (kidney problem) and this was deductible. But then somewhere along the line IRS clarified it as you describe above. And for the better I think. ChEAr$, Harlan Lunsford, EA n LA

"Nan, EA in LA" wrote in

I could at length pontificate on this subject, since I have done research on the subject.

The low dose (if taken daily) will in the majority of people inhibit (partially block) some reactions of platelets. These cell fragments, circulating in the blood, are thought of as causing at times an inappropriate thrombus, and possibly heart attack or stroke. Of course, you would want platelets to be able to help stop bleeding, as in surgery, and then aspirin is inappropriate. Because of the ~10 day life of platelets, and their inability to overcome aspirin inhibition, you need to stop taking ASA 2 weeks before, and stay off a while after. There is a lot more, such as the question why only 25-30% of people benefit from regular low-dose aspirin. Medicine these days is acting rather schizophrenically. On the one hand nothing gets approved until it is really proved to be safe and effective in a particular application. However, once approved for one thing, doctors may prescribe the medication for almost anything they think is good, and the thinking may be influenced by big pharma.

-- Best regards Han email address is invalid

Moderator: All of this is well and good, but it is not tax-related. I take 12 different prescription drugs and three OTC drugs daily and that does not include the pain killers. If it does not require a prescription, it is not deductible. Don't continue this thread unless you want to discuss taxes.

...snipped.

aspirin? for heart health?

I like my daily medicine better; amber coloured and in a bottle, imported from Scotland. "A wee dram a day, keeps the doctor at bay."

(I made it up.)

ChEAr$, Harlan

And further to my reply above, it should be noted that although my medical doctor recommends said libations, unfortunately my medicine is not tax deductible. there, still on topic. (grin) ChEAr$, Harlan