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Is Egg Donation Tax Deductible
Is Egg Donation Tax Deductible. The long answer is the majority of the expenses will not be tax deductible. Most of them are deductible. The expenses on you yourself are deductible.
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There are previous cases in which parents using PLR for egg donation have been approved by the IRS allowing all surrogacy and egg donation expenses. Under IRS code section 2139a it states. Commissioner which was the first case to address the inclusion of income derived from the sale or donation.
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Yes according to IRS private letter ruling click the link below the cost of donor eggs are deductible as medical expenses under Internal Revenue Code Section 213 a. There are previous cases in which parents using PLR for egg donation have been approved by the IRS allowing all surrogacy and egg donation expenses. However it must be pointed out that PLRs cannot be cited for future use in other cases.
Is the cost of donor eggs for IVF tax-deductible.
The tax courts have ruled against the taxpayers who are trying to deduct medical expenses related to their surrogate. The IRS has issued private guidance that all of the fees including agency and donor fees for egg donation programs will qualify as medical expenses for federal income tax purposes and as medical care expenses under a flexible spending account. A taxpayer may deduct expenses paid during the taxable year not compensated for by insurance or otherwise for medical care of the taxpayer spouse or dependent to the extent the expenses exceed 75 percent of adjusted. Income received from egg donation and gestational surrogacy contracts is now officially and very clearly taxable as a part of the service providers gross income.
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According to IRS memo number 200318017 the answer appears to be yes.
The Tax Court considered surrogacy and egg donor expenses claimed by a single heterosexual male and held costs incurred in fathering children through unrelated egg donors and gestational carriers are not deductible medical expenses under IRC.
