Does lap band surgery outside of the U.S. qualify for an IRS tax deduction.

Is a person able to use FLEX dollars to pay for lap band surgery outside of the U.S.?

Preferred One manages my company's Flex Program.

Thanks!

I recently spoke with my tax person about that very thing. She said that WLS is generally excluded from IRS deductions. However, she also said that unless you are ever audited, the type of surgery you had would not even come into play. She suggested getting paperwork that looks a little more general and not specifying WLS.

Lynn

I was recently told by my accountant that obesity qualifies as a bonified disease, of which any surgery to cure it is tax deductible. She says this is fairly new. Kingskid, maybe your accountant isn't familiar with this new law.

I'll ask her again exactly which section specifies it and allows for the deduction.

I deducted it and I got audited and it passed just fine. It is deductible if it's for the treatment of morbid obesity (which it was).

But, I had surgery in the states.

jayme

the IRS code says that this IS tax deductible as obesity is a disease (it even notes obesity as an example). here's the link to actual the IRS information, and to discussions on this topic on LBT.

http://www.irs.gov/publications/p502/ar02.html#d0e2138

http://www.irs.gov/publications/p502/ar02.html#d0e288

http://www.lapbandtalk.com/showthread.php?t=10395&highlight=tax

Thanks for the info. It's very helpful. I definitely plan to deduct mine.

I plan on using my FLEX dollars to pay for my surgery in Mexico. All it says is that treatment for boesity is covered - it doesn't say that it has to be in the US

I never went to my Primary Care doctor for any kind of note saying it was medically necessary, since it was an exclusion from my insurance and I knew I'd pay for it anyway. My question is this: Is the fact that I qualified on the medical charts as being obese enough to satisfy Uncle Sam? I already called my PCP, she said she wouldn't write a note because I didn't see her before the surgery. My lap-band doc is willing to write a note saying I was obese, but that's it. Does anyone know what kind of documentation we need?

A letter from your band doctor, it would seem to me, should be sufficient (that's what I'm using). I also got a receipt showing how much I paid from my band doc so I have that AND the letter together. In addition, you are always free to get your medical records from your PCP and document it yourself. I guarantee you it says somewhere (if not all over) that you are/were obese. The first time I saw "morbidly obese female" in my record, I literally cried, and that's when I decided I had to get my butt in gear. Anyways, hope this information helps.