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Unlocking Financial Relief: How Medicaid Waiver Payments Offer Tax Benefits and Tax Free Income

Written by Kohari Gonzalez Oneyear & Brown | May 20, 2024 5:11:00 AM

Article Highlights:

  • What are Medicaid Waiver Payments?
  • The Taxability of Medicaid Waiver Payments
  • Earned Income Tax Credit (EITC) and Medicaid Waiver Payments

Medicaid waiver payments have grown to be a major part of the US healthcare and tax environment, particularly for families and individuals who care for people who would otherwise need institutional treatment. The definition of Medicaid waiver payments, their tax ramifications, their connection to the Earned Income Tax Credit (EITC), and the appropriate way to disclose these payments on tax returns are all covered in-depth in this article.

What are Medicaid Waiver Payments?

Medicaid waiver payments are financial help given to caregivers of elderly, disabled, or chronically sick people so they can continue to provide care for their loved ones in their homes or communities rather than in nursing homes or institutions. Medicaid Home and Community-Based Services (HCBS) waivers allow states to customize services to fit the requirements of certain populations. These payments are a part of these waivers.

The Taxability of Medicaid Waiver Payments

The IRS published Notice 2014-7 in 2014, which had a big influence on how Medicaid waiver payments were treated tax-wise. This letter states that Medicaid waiver payments are deducted from the caregiver's gross income if they fulfill specific standards. This is a significant shift in the way these payments are regarded for tax reasons since it applies regardless of the relationship between the caregiver and the care receiver.

The house of the person getting care, which may be the care provider's residence or the residence of the person being cared for, must be the same for the advantageous tax treatment to apply. The term "home" refers to the place where a care provider dwells and consistently carries out personal activities, such sharing meals and holidays with family. Moreover, if the qualified persons are 18 years of age or under, the number of qualified individuals receiving care cannot exceed 10, and if the qualified individuals are 19 years of age or older, it cannot exceed 5.

Earned Income Tax Credit (EITC) and Medicaid Waiver Payments

For working families and individuals with low to moderate incomes, especially those with children, the Earned Income Tax benefit (EITC) is a refundable tax benefit. The recipient's income, marital status, and number of children all affect how much of an EITC benefit they receive. There is a special connection between the EITC and the taxability of Medicaid waiver payments. Because of the precedent the Tax Court set in the Feigh case, even though these payments are excludable from gross income, they can still be treated as earned income for the purposes of calculating the EITC. This case demonstrated that Medicaid waiver payments could not be reclassified by the IRS in a way that would eliminate a statutory tax advantage, like the Earned Income Tax Credit (EITC).

Guidelines for reporting qualifying non-taxable Medicaid waiver payments as earned income for the purposes of the Earned Income Tax Credit (EITC) and the Additional Child Tax Credit (ACTC) on a tax return, with the income remaining tax-free, are provided by the Taxpayer Advocate Service (TAS). Even though a Form W-2 was not issued for these payments, TAS states that taxpayers should use the Medicaid waiver payment as wages if they decide to count it as earned income for EITC or ACTC purposes. Subsequently, deduct the same amount from Schedule 1's income adjustment, marking it as "Notice 2014-7".

Medicaid waiver payments are essential for helping caregivers and guaranteeing that those in need of care may get it at home. Caregivers benefit financially from the tax treatment of these payments, especially from their exclusion from gross income and eligibility as earned income for the Earned Income Tax Credit (EITC). In order to optimize tax benefits and guarantee adherence to IRS regulations, it is imperative to comprehend and accurately record these payments on tax returns.

Please get in touch with this office so that your return or returns may be updated for a refund and perhaps also to claim the EITC if you have received Medicaid waiver payments and have not omitted the income on the return for the year or years you received the payments.