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  #8  
Old 04-22-2009, 01:43 PM
Alan
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Default Re: Can Cobra be a Business Expense ?

removeps-groups[at]yahoo.com wrote:
- quote -

> On Apr 7, 11:24 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
> > COBRA coverage is not employer sponsored health insurance nor is
> > it a health plan subsidized by an employer.COBRA(an amendment
> > to ERISA that was passed in 1985) provides the ability for a laid
> > off worker and family who "have lost their employer sponsored
> > health plan" to continue coverage for 18 months. Many laid off
> > workers do not continue coverage because theycannot afford to
> > pay 100% of the premium. The recently passed ARRA, allows for a
> > 65% subsidy of the premiums for nine months for eligible workers
> > who are laid off. However, I don't believe thiscanbe considered
> > an employer subsidy as the federal government reimburses
> > employers and/or insurance companies for the 65%.
> > > Therefore, I must conclude that if the self-employed individual

> > has a business plan that calls for health insurance for oneself,
> > spouse and dependent children, the premiums are deductible as an
> > adjustment to income.

> What if you were a federal employee, and were laid off, and you took
> COBRA plus the 65% federal government subsidy, and became self-
> employed?

I see no difference in this scenario. IMHO, the subsidy is not an
employer subsidy.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 04-18-2009, 02:08 AM
removeps-groups@yahoo.com
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Posts: n/a
Default Re: Can Cobra be a Business Expense ?

On Apr 7, 11:24 pm, Alan <sfcnm-...[at]yahoo.com> wrote:

- quote -

> COBRA coverage is not employer sponsored health insurance nor is
> it a health plan subsidized by an employer.COBRA(an amendment
> to ERISA that was passed in 1985) provides the ability for a laid
> off worker and family who "have lost their employer sponsored
> health plan" to continue coverage for 18 months. Many laid off
> workers do not continue coverage because theycannot afford to
> pay 100% of the premium. The recently passed ARRA, allows for a
> 65% subsidy of the premiums for nine months for eligible workers
> who are laid off. However, I don't believe thiscanbe considered
> an employer subsidy as the federal government reimburses
> employers and/or insurance companies for the 65%.
> Therefore, I must conclude that if the self-employed individual
> has a business plan that calls for health insurance for oneself,
> spouse and dependent children, the premiums are deductible as an
> adjustment to income.


What if you were a federal employee, and were laid off, and you took
COBRA plus the 65% federal government subsidy, and became self-
employed?

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 04-08-2009, 03:09 PM
ed
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Default Re: Can Cobra be a Business Expense ?

On Apr 7, 10:39*pm, spop...[at]speedymail.org (Steve Pope) wrote:
- quote -

> CMS, VA CPA <csha...[at]-Delete-This-Nospam-shanescpa.com> wrote:
> > No, he cannot. *Health insurance for the self-employed is not deducted on
> > Schedule C. *

> Agree
> > The cost of premiums goes on Line 29 of the 1040 if they
> > meet the criteria. *In this case they don't---- per 1040 line
> > 29 instructions "do not include amounts for any month you were
> > eligible to participate in an employer-sponsored health plan "
> > Cobra is an employer sponsored plan.

> In past discussions on this point, people here felt that Cobra
> payments are allowable on Line 29 if the former employer is not paying
> any subsidized part of them. *Typically, under Cobra, the
> former employer pays nothing, and so it is not "employer sponsored".
> Cobra is a law that makes private insurance available to some
> ex-employees, but it is still private insurance.
> (If information exists to contradict this I'd be interested.)
> Steve


COBRA premiuims are a legitimate medical insurance cost to go on line
29 if you have a "plan", to pay medical premiums for your family, if
it otherwise qualifies.

ed

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 04-08-2009, 06:24 AM
Alan
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Posts: n/a
Default Re: Can Cobra be a Business Expense ?

Stuart A. Bronstein wrote:
- quote -

> "CMS, VA CPA" <cshanes[at]-Delete-This-Nospam-shanescpa.com> wrote:
> > "Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote
> > > > Nope. They are a medical expense, rightfully deducted on
> > > > Schedule A if, when combined with all other qualified medical
> > > > expenses, they exceed 7.5% of your AGI.
> > > If his "other job" is as an independent contractor and he files a
> > > Schedule C, he should be able to deduct some of it on there.

> > No, he cannot. Health insurance for the self-employed is not
> > deducted on Schedule C. The cost of premiums goes on Line 29 of
> > the 1040 if they meet the criteria. In this case they don't----
> > per 1040 line 29 instructions "do not include amounts for any
> > month you were eligible to participate in an employer-sponsored
> > health plan "
> > > Cobra is an employer sponsored plan.

> Thanks for the clarification. Personally I never rely on
> instructions to determine what the law is.
> I haven't researched this so I may be wrong. But if you look at §162
> (l) it deals with deduction of health insurance premiums for the self
> employed. In subsection 2(B) it says deductibility doesn't apply,
> "to any taxpayer for any calendar month for which the taxpayer is
> eligible to participate in any subsidized health plan maintained by
> any employer of the taxpayer or of the spouse of the taxpayer."
> While COBRA might be an employer sponsored plan, it's certainly not
> subsidized for the former employee. In addition, during the COBRA
> period, the person is no longer an employee of the employer.
> Is there a different rule that applies?
> Stu

COBRA coverage is not employer sponsored health insurance nor is
it a health plan subsidized by an employer. COBRA (an amendment
to ERISA that was passed in 1985) provides the ability for a laid
off worker and family who "have lost their employer sponsored
health plan" to continue coverage for 18 months. Many laid off
workers do not continue coverage because they can not afford to
pay 100% of the premium. The recently passed ARRA, allows for a
65% subsidy of the premiums for nine months for eligible workers
who are laid off. However, I don't believe this can be considered
an employer subsidy as the federal government reimburses
employers and/or insurance companies for the 65%.

Therefore, I must conclude that if the self-employed individual
has a business plan that calls for health insurance for oneself,
spouse and dependent children, the premiums are deductible as an
adjustment to income.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 04-08-2009, 03:39 AM
Steve Pope
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Posts: n/a
Default Re: Can Cobra be a Business Expense ?

CMS, VA CPA <cshanes[at]-Delete-This-Nospam-shanescpa.com> wrote:

- quote -

> No, he cannot. Health insurance for the self-employed is not deducted on
> Schedule C.


Agree

- quote -

> The cost of premiums goes on Line 29 of the 1040 if they
> meet the criteria. In this case they don't---- per 1040 line
> 29 instructions "do not include amounts for any month you were
> eligible to participate in an employer-sponsored health plan "


> Cobra is an employer sponsored plan.


In past discussions on this point, people here felt that Cobra
payments are allowable on Line 29 if the former employer is not paying
any subsidized part of them. Typically, under Cobra, the
former employer pays nothing, and so it is not "employer sponsored".
Cobra is a law that makes private insurance available to some
ex-employees, but it is still private insurance.

(If information exists to contradict this I'd be interested.)

Steve

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 04-07-2009, 11:43 PM
Stuart A. Bronstein
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Posts: n/a
Default Re: Can Cobra be a Business Expense ?

"CMS, VA CPA" <cshanes[at]-Delete-This-Nospam-shanescpa.com> wrote:
- quote -

> "Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote
> > > > > Nope. They are a medical expense, rightfully deducted on
> > > Schedule A if, when combined with all other qualified medical
> > > expenses, they exceed 7.5% of your AGI.
> > > If his "other job" is as an independent contractor and he files a

> > Schedule C, he should be able to deduct some of it on there.

> No, he cannot. Health insurance for the self-employed is not
> deducted on Schedule C. The cost of premiums goes on Line 29 of
> the 1040 if they meet the criteria. In this case they don't----
> per 1040 line 29 instructions "do not include amounts for any
> month you were eligible to participate in an employer-sponsored
> health plan "
> Cobra is an employer sponsored plan.


Thanks for the clarification. Personally I never rely on
instructions to determine what the law is.

I haven't researched this so I may be wrong. But if you look at §162
(l) it deals with deduction of health insurance premiums for the self
employed. In subsection 2(B) it says deductibility doesn't apply,

"to any taxpayer for any calendar month for which the taxpayer is
eligible to participate in any subsidized health plan maintained by
any employer of the taxpayer or of the spouse of the taxpayer."

While COBRA might be an employer sponsored plan, it's certainly not
subsidized for the former employee. In addition, during the COBRA
period, the person is no longer an employee of the employer.

Is there a different rule that applies?

Stu

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 04-07-2009, 10:25 PM
CMS, VA CPA
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Posts: n/a
Default Re: Can Cobra be a Business Expense ?


"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote in message
news:Xns9BE68BB3A626Dspamtraplexregiacom[at]130.133.1.4...
- quote -

> "Paul Thomas, CPA" <paulthomascpapc[at]bellsouth.net> wrote:
> > "Gary" <ghorne2000[at]yahoo.com> wrote
> > > I had 2 jobs, one was a consulting gig and the other was a job
> > > with benefits. I quit my full time job with benefits to work for
> > > another companys, but needed to wait 60days for the health
> > > insurance benefits to kick in, can I claim my Cobra payments
> > > against as a business expense ?
> > > Nope. They are a medical expense, rightfully deducted on Schedule

> > A if, when combined with all other qualified medical expenses,
> > they exceed 7.5% of your AGI.

> If his "other job" is as an independent contractor and he files a
> Schedule C, he should be able to deduct some of it on there.
> Stu



No, he cannot. Health insurance for the self-employed is not deducted on
Schedule C. The cost of premiums goes on Line 29 of the 1040 if they meet
the criteria. In this case they don't---- per 1040 line 29 instructions
"do not include amounts for any month you were eligible to participate in an
employer-sponsored health plan "


Cobra is an employer sponsored plan.

Paul is correct, it goes on Schedule A.



--
Charles M. Shanes, CPA
Richmond, VA
QuickBooks ProAdvisor
www.shanescpa.com
cshanes[at]-Delete-This-Nospam-shanescpa.com


--
Charles M. Shanes, CPA
Richmond, VA
QuickBooks ProAdvisor
www.shanescpa.com
cshanes[at]-Delete-This-Nospam-shanescpa.com

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 04-07-2009, 08:44 PM
Stuart A. Bronstein
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Posts: n/a
Default Re: Can Cobra be a Business Expense ?

"Paul Thomas, CPA" <paulthomascpapc[at]bellsouth.net> wrote:
- quote -

> "Gary" <ghorne2000[at]yahoo.com> wrote

> > I had 2 jobs, one was a consulting gig and the other was a job
> > with benefits. I quit my full time job with benefits to work for
> > another companys, but needed to wait 60days for the health
> > insurance benefits to kick in, can I claim my Cobra payments
> > against as a business expense ?

> Nope. They are a medical expense, rightfully deducted on Schedule
> A if, when combined with all other qualified medical expenses,
> they exceed 7.5% of your AGI.


If his "other job" is as an independent contractor and he files a
Schedule C, he should be able to deduct some of it on there.

Stu

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 04-07-2009, 07:23 PM
Paul Thomas, CPA
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Posts: n/a
Default Re: Can Cobra be a Business Expense ?


"Gary" <ghorne2000[at]yahoo.com> wrote
- quote -

> I had 2 jobs, one was a consulting gig and the other was a job with
> benefits. I quit my full time job with benefits to work for another
> companys, but needed to wait 60days for the health insurance benefits
> to kick in, can I claim my Cobra payments against as a business
> expense ?




Nope. They are a medical expense, rightfully deducted on Schedule A if,
when combined with all other qualified medical expenses, they exceed 7.5% of
your AGI.





--
Paul Thomas, CPA
Watkinsville, Georgia

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 04-07-2009, 07:14 PM
Gary
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Posts: n/a
Default Can Cobra be a Business Expense ?

I had 2 jobs, one was a consulting gig and the other was a job with
benefits. I quit my full time job with benefits to work for another
companys, but needed to wait 60days for the health insurance benefits
to kick in, can I claim my Cobra payments against as a business
expense ?

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
 
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