MAYBE … MAYBE NOT…

The IRS and Tax Courts have been curiously silent on the subject of considering dietary supplements within the category “medical expenses.”

So the Department of Treasury stepped in. (Treasury Dept. is the “parent company” of the IRS within the government bureaucracy.)

Here’s what Treasury says:

“Flex Plans” cannot reimburse the cost of supplements UNLESS THEY ARE PRESCRIBED BY A DOCTOR.

Same applies to Health Savings Accounts (HSAs) and, presumably, Medical Reimbursement Plans (MRPs), otherwise known as Section 105 Plans. Those are the plans we recommend you give to your spouse an an Employee Benefit once you’ve hired your spouse.

That may not end up being a black/white issue, because look at their flimsy logic… The Treasury Dept claims that, even tough the government allows some products to make claims about disease prevention, that makes no difference because (they ignorantly claim) “the products are used for General Health.”

WHAT?! Did I read that right?

Even if a product’s label legally (following FDA rules) states that it can help prevent or help treat a specific health condition, and even if I take that specific product to prevent or treat that specific health condition, I am still taking it only for my “General Health?”

That’s mind-boggling! Are these people living under a rock, or what? That makes absolutely
no sense! But there I go again, trying to apply common sense to tax law. Oops, sorry.

HERE’S WHAT YOU SHOULD DO…

For the time being, just go get a doctor to “prescribe” the supplements you are taking to treat
or prevent a specific health condition.

Have a licensed medical practitioner write these words on a prescription pad or letterhead:

“I recommend (insert your name) take (insert product name) on a regular basis to help prevent
or treat the symptoms of (insert medical name of the health condition).”

And be sure he/she signs or initials it.

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