26 U.S.C. § 213
Medical, dental, etc., expenses
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
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- 26 U.S.C. § 213, Medical, dental, etc., expenses, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462299
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Full text
There shall be allowed as a deduction the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, his spouse, or a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof), to the extent that such expenses exceed 7.5 percent of adjusted gross income.
An amount paid during the taxable year for medicine or a drug shall be taken into account under subsection (a) only if such medicine or drug is a prescribed drug or is insulin.
For purposes of subsection (a), expenses for the medical care of the taxpayer which are paid out of his estate during the 1-year period beginning with the day after the date of his death shall be treated as paid by the taxpayer at the time incurred.
Paragraph (1) shall not apply if the amount paid is allowable under section 2053 as a deduction in computing the taxable estate of the decedent, but this paragraph shall not apply if (within the time and in the manner and form prescribed by the Secretary) there is filed—
For purposes of this section—
The term “medical care” means amounts paid—
Amounts paid for lodging (not lavish or extravagant under the circumstances) while away from home primarily for and essential to medical care referred to in paragraph (1)(A) shall be treated as amounts paid for medical care if—
In the case of an insurance contract under which amounts are payable for other than medical care referred to in subparagraphs (A), (B), and (C) of paragraph (1)—
In the case of an individual with an
attained age before the close of the
taxable year of:
The limitation is:
40 or less
$ 200
More than 40 but not more than 50
375
More than 50 but not more than 60
750
More than 60 but not more than 70
2,000
More than 70
2,500.
For purposes of clause (i), the medical care cost adjustment for any calendar year is the percentage (if any) by which—
An amount paid for a qualified long-term care service (as defined in section 7702B(c)) provided to an individual shall be treated as not paid for medical care if such service is provided—
Any expense allowed as a credit under section 21 shall not be treated as an expense paid for medical care.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- Tax Reform Act of 1976House: no recorded tallySenate: no recorded tally
- Tax Equity and Fiscal Responsibility Act of 1982House: no recorded tallySenate: no recorded tally
- Deficit Reduction Act of 1984House: no recorded tallySenate: no recorded tally
- Tax Reform Act of 1986House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1990
- Omnibus Budget Reconciliation Act of 1993
- Health Insurance Portability and Accountability Act of 1996
- Working Families Tax Relief Act of 2004
- Patient Protection and Affordable Care Act
- An act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018.
- Further Consolidated Appropriations Act, 2020House: 297–120Senate: no recorded tally
- Consolidated Appropriations Act, 2021House: no recorded tallySenate: no recorded tally