Loopholes > Federal > Unlimited Exclusion for Medical Expenses
DEDUCTION HIGH SAVINGS INDIVIDUAL

Unlimited Exclusion for Medical Expenses

IRC §2503(e)(2)(B)

Direct payments to medical providers for the care of an individual are excluded from gift tax, with no dollar limit.

Eligibility

Payments must be made directly to the person or institution providing the medical care as defined in section 213(d).

Frequently Asked Questions

Who is eligible for the Unlimited Exclusion for Medical Expenses?

Payments must be made directly to the person or institution providing the medical care as defined in section 213(d).

How does the Unlimited Exclusion for Medical Expenses work?

Direct payments to medical providers for the care of an individual are excluded from gift tax, with no dollar limit.

What law authorizes the Unlimited Exclusion for Medical Expenses?

The Unlimited Exclusion for Medical Expenses is authorized under IRC §2503(e)(2)(B) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §2503

Source: Internal Revenue Code, Title 26, United States Code

§ 2503. Taxable gifts(a) General definitionThe term “taxable gifts” means the total amount of gifts made during the calendar year, less the deductions provided in subchapter C (section 2522 and following). (b) Exclusions from gifts(1) In generalIn the case of gifts (other than gifts of future interests in property) made to any person by the donor during the calendar year, the first $10,000 of such gifts to such person shall not, for purposes of subsection (a), be included in the total amount of gifts made during such year. Where there has been a transfer to any person of a present interest in property, the possibility that such interest may be diminished by the exercise of a power shall be disregarded in applying this subsection, if no part of such interest will at any time pass to any other person. (2) Inflation adjustmentIn the case of gifts made in a calendar year after 1998, the $10,000 amount contained in paragraph (1) shall be increased by an amount equal to—(A) $10,000, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “calendar year 1997” for “calendar year 2016” in subparagraph (A)(ii) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. (c) Transfer for the benefit of minorNo part of a gift to an individual who has not attained the age of 21 years on the date of such transfer shall be considered a gift of a future interest in property for purposes of subsection (b) if the property and the income therefrom—(1) may be expended by, or for the benefit of, the donee before his attaining the age of 21 years, and (2) will to the extent not so expended—(A) pass to the donee on his attaining the age of 21 years, and (B) in the event the donee dies before attaining the age of 21 years, be payable to the estate of the donee or as he may appoint under a general power of appointment as defined in section 2514(c). [(d) Repealed. Pub. L. 97–34, title III, § 311(h)(5), Aug. 13, 1981, 95 Stat. 282] (e) Exclusion for certain transfers for educational expenses or medical expenses(1) In generalAny qualified transfer shall not be treated as a transfer of property by gift for purposes of this chapter. (2) Qualified transferFor purposes of this subsection, the term “qualified transfer” means any amount paid on behalf of an individual—(A) as tuition to an educational organization described in section 170(b)(1)(A)(ii) for the education or training of such individual, or (B) to any person who provides medical care (as defined in section 213(d)) with respect to such individual as payment for such medical care.

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