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Subject Author Date
OTC medicine required with prescribed drugs Nan, EA in LA 03-17-2007
Posted by Nan, EA in LA on March 17, 2007, 6:49 am
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 I have a lot of elderly clients (including me) who are told
to take OTC drugs by their doctor. Last I heard IRS won't
allow deduction of OTC medicines. Case in point: I was
prescribed Actonol for bone loss (common in elderly) but it
must be taken with calcium plus D which is over the counter,
i.e., not a prescription. Diuretics (prescribed) often
require potassium or other "vitamins" which are OTC. And
the list is long, from skin medications to 81 mg aspirin for
heart patients.

Has IRS ever addressed this combination of
prescription-plus-OTC medication?

Nan, EA in LA

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Posted by Benjamin Yazersky CPA on March 18, 2007, 2:18 am
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> I have a lot of elderly clients (including me) who are told
> to take OTC drugs by their doctor. Last I heard IRS won't
> allow deduction of OTC medicines. Case in point: I was
> prescribed Actonol for bone loss (common in elderly) but it
> must be taken with calcium plus D which is over the counter,
> i.e., not a prescription. Diuretics (prescribed) often
> require potassium or other "vitamins" which are OTC. And
> the list is long, from skin medications to 81 mg aspirin for
> heart patients.
>
> Has IRS ever addressed this combination of
> prescription-plus-OTC medication?

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.

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by A.G. Kalman on March 19, 2007, 2:42 am
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Benjamin Yazersky CPA wrote:

>> I have a lot of elderly clients (including me) who are told
>> to take OTC drugs by their doctor. Last I heard IRS won't
>> allow deduction of OTC medicines. Case in point: I was
>> prescribed Actonol for bone loss (common in elderly) but it
>> must be taken with calcium plus D which is over the counter,
>> i.e., not a prescription. Diuretics (prescribed) often
>> require potassium or other "vitamins" which are OTC. And
>> the list is long, from skin medications to 81 mg aspirin for
>> heart patients.
>>
>> Has IRS ever addressed this combination of
>> prescription-plus-OTC medication?

> 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.

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.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Harlan Lunsford on March 20, 2007, 1:47 am
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A.G. Kalman wrote:
> Benjamin Yazersky CPA wrote:

>>> I have a lot of elderly clients (including me) who are told
>>> to take OTC drugs by their doctor. Last I heard IRS won't
>>> allow deduction of OTC medicines. Case in point: I was
>>> prescribed Actonol for bone loss (common in elderly) but it
>>> must be taken with calcium plus D which is over the counter,
>>> i.e., not a prescription. Diuretics (prescribed) often
>>> require potassium or other "vitamins" which are OTC. And
>>> the list is long, from skin medications to 81 mg aspirin for
>>> heart patients.
>>>
>>> Has IRS ever addressed this combination of
>>> prescription-plus-OTC medication?

>> 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.

> 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.

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

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by rlsusenet@NOSPAMPUHLEEZschnapp on March 18, 2007, 2:37 am
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Nan, EA in LA wrote:

> I have a lot of elderly clients (including me) who are told
> to take OTC drugs by their doctor. Last I heard IRS won't
> allow deduction of OTC medicines. Case in point: I was
> prescribed Actonol for bone loss (common in elderly) but it
> must be taken with calcium plus D which is over the counter,
> i.e., not a prescription. Diuretics (prescribed) often
> require potassium or other "vitamins" which are OTC. And
> the list is long, from skin medications to 81 mg aspirin for
> heart patients.

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 foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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