[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.214A-3]

[Page 342-345]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.214A-3  Reduction of expenses for certain disability payments 
and adjusted gross income.

    (a) Amount of reduction. This section applies only if the taxpayer 
incurs employment-related expenses during a taxable year solely 
attributable to a qualifying individual who is either a dependent (other 
than a dependent described in Sec. 1.214A-1(b)(1)(i)) of the taxpayer 
or a spouse of the taxpayer and who is physically or mentally incapable 
of caring for himself. The amount of such expenses, which may be taken 
into account under section 214 shall be reduced:
    (1) In the case of such expenses attributable to a dependent who is 
physically or mentally incapable of caring for himself, by the excess, 
if any, over $750 of the sum of (i) such dependent's adjusted gross 
income for such taxable year and (ii) the disability payments (as 
defined in paragraph (b) of this section) he receives during such year, 
and
    (2) In the case of such expenses attributable to a spouse who is 
physically or mentally incapable of caring for himself, by the 
disability payments (as defined in paragraph (b) of this section) such 
spouse receives during such taxable year.

The reduction so required must be made on the basis of a calendar month. 
Thus, the employment-related expenses attributable to a spouse which are 
incurred during any calendar month of the taxable year must be reduced 
by an amount equal to the disability payments received by the spouse 
during such taxable year divided by the number of calendar

[[Page 343]]

months therein during which such employment-related expenses are 
incurred. Further, the employment-related expenses attributable to a 
dependent which are incurred during any calendar month of the taxable 
year must be reduced by an amount equal to the excess described in 
paragraph (a)(1) of this section divided by the number of calendar 
months therein during which such employment-related expenses are 
incurred. For purposes of this reduction, a period of less than a 
calendar month will be treated as a calendar month. The reduction is not 
required to be made in respect of any employment-related expenses solely 
attributable to a dependent under the age of 15 for whom the taxpayer is 
entitled to a deduction for a personal exemption under section 151(e). 
The reduction required by this paragraph must be made before applying 
the limitations under section 214 (c) and (d) and Sec. 1.214A-2 for the 
taxable year. The application of this paragraph may be illustrated by 
the following examples:

    Example 1. A, a taxpayer who uses the calendar year as the taxable 
year, incurs $250 of employment-related expenses during each month of 
1972 for services within his household. B, his wife, is physically 
incapable of caring for herself. During 1972, B receives total 
disability payments of $1,200, consisting of a lump-sum disability 
payment of $300 received in June and disability payments of $75 received 
each month. Under such circumstances, A may take into account $150 of 
his employment-related expenses for each month of 1972, determined as 
follows:

Employment-related expenses attributable to B incurred during       $250
 each month..................................................
Less: Disability payments received by B in 1972 divided by           100
 number of calendar months in 1972 during which employment-
 related expenses attributable to B are incurred ($1,200/12).
                                                              ----------
    Employment-related expenses to be taken into account.....        150


    Example 2. B, a single individual who uses the calendar year as the 
taxable year, incurs $200 of employment-related expenses during each 
month of 1972 for services within his household. C, his son aged 15, is 
physically incapable of caring for himself. During 1972, C receives 
total disability payments of $1,200, consisting of a lump-sum disability 
payment of $300 received in June and disability payments of $75 received 
each month. For 1972, C has adjusted gross income of $1,050. Under such 
circumstances, B may take into account $75 of his employment-related 
expenses for each month of 1972, determined as follows:

Employment-related expenses attributable to C incurred during       $200
 each month..................................................
                                                              ==========
Less: Reduction under this paragraph:
    C's adjusted gross income for 1972.......................      1,050
    Disability payments received by C in 1972................      1,200
                                                              ----------
       Total.................................................      2,250
    Less: Income limitation..................................        750
                                                              ----------
    Excess under subparagraph (1) of this paragraph..........      1,500
                                                              ==========
    Excess divided by number of calendar months in 1972              125
     during which employment-related expenses attributable to
     C are incurred ($1,500/12)..............................
                                                              ==========
Employment-related expenses to be taken into account.........         75


    Example 3. H, a taxpayer who uses the calendar year as the taxable 
year, incurs employment-related expenses attributable to W, his wife, 
during five months of 1972, including $350 for the month of July, for 
services within his household. W, who is physically incapable of caring 
for herself, receives during 1972 total disability payments of $625. 
Under such circumstances, H may take into account $225 of his 
employment-related expenses for July, determined as follows:

Employment-related expenses attributable to W incurred during       $350
 July........................................................
Less: Disability payments received by W in 1972 divided by           125
 number of calendar months in 1972 during which employment-
 related expenses attributable to W are incurred ($625/5)....
                                                              ----------
    Employment-related expenses to be taken into account.....        225
                                                              ==========


    Example 4. S, a single individual who uses the calendar year as the 
taxable year, incurs and pays during 1972 $450 of employment-related 
expenses attributable to P, his father, for each of the six months 
during which his father is incapacitated. During 1972, P receives 
adjusted gross income of $1,266, a gift of $300, and a disability 
payment of $55 for each month of disability. During 1972 S receives 
adjusted gross income of less than $18,000. Under such circumstances, S 
may deduct $1,854 for 1972 under section 214, determined as follows:

Employment-related expenses attributable to P incurred during       $450
 each month of his incapacity................................
                                                              ==========
Less: Reduction under this paragraph:
    P's adjusted gross income for 1972.......................      1,266
    Disability payments received by P in 1972................        330
                                                              ----------
       Total.................................................      1,596
    Less: Income limitation..................................        750
                                                              ----------

[[Page 344]]


       Excess under subparagraph (1) of this paragraph.......        846
                                                              ==========
    Excess divided by number of calendar months in 1972              141
     during which employment-related expenses attributable to
     P are incurred ($846/6).................................
                                                              ----------
    Employment-related expenses to be taken into account for         309
     each month of P's incapacity............................
                                                              ----------
    Deduction for 1972 ($309x6)..............................      1,854


    (b) Disability payment defined. For purposes of paragraph (a) of 
this section, the term disability payment means any payment not 
includible in gross income which is made on account of the physical or 
mental incapacity of an individual. A disability payment may include 
social security payments, State or local payments, private disability 
insurance payments, or payments from a private person on account of a 
civil wrong, if attributable to the mental or physical disability of the 
individual. Gifts are not considered to be disability payments for 
purposes of this paragraph.
    (c) Expenses not solely attributable. An employment-related expense 
which is not solely attributable to a qualifying individual to whom 
paragraph (a) (1) or (2) of this section applies shall not be reduced 
under this section. Thus, for example, if household expenses are 
incurred with respect to a qualifying individual to whom paragraph (a) 
(1) or (2) of this section applies and also with respect to a qualifying 
dependent under the age of 15, such expenses shall not be considered to 
be solely attributable to a qualifying individual to whom paragraph (a) 
(1) or (2) of this section applies, and such expenses shall not be 
reduced under this section. The application of this paragraph may be 
illustrated by the following examples:

    Example 1. A taxpayer has a child, aged 6, and his spouse is 
physically incapable of caring for herself. During the taxable year he 
incurs employment-related expenses of $500 solely attributable to the 
care of the child, of $1,000 solely attributable to the care of his 
spouse, and of $1,500 for household services attributable to both the 
child and spouse. Of the taxpayer's total employment-related expenses of 
$3,000, only the $1,000 solely attributable to his spouse must be 
reduced as provided in paragraph (a) of this section.
    Example 2. A taxpayer has a dependent, aged 15, and a spouse both of 
whom are physically incapable of caring for themselves. During the 
taxable year he incurs employment-related expenses of $500 solely 
attributable to the care of the dependent, of $1,000 solely attributable 
to the care of his spouse, and of $1,500 for household services equally 
attributable to both the dependent and spouse. The $1,500 of household 
expenses must be allocated one-half to the dependent and one-half to the 
spouse. Accordingly, employment-related expenses of $1,250 are 
attributable to the dependent, and employment-related expenses of $1,750 
are attributable to the spouse. The expenses attributable to each must 
be reduced as provided in paragraph (a) of this section.

    (d) Ordering of reductions and limitations. For purposes of 
determining the amount of employment-related expenses which may be taken 
into account under section 214, the employment-related expenses incurred 
by the taxpayer during any calendar month of the taxable year are first 
to be reduced by the amount of reduction determined under section 
214(e)(5) and paragraph (a) (1) or (2) of this section in respect of 
disability payments and adjusted gross income, then by the outside-of-
household limitation prescribed by section 214(c)(2)(B) and Sec. 
1.214A-2(b)(2), then by the overall monthly limitation of $400 
prescribed by section 214(c)(1) and Sec. 1.214A-2(a), and finally by 
the taxpayer's income limitation ($35,000 or $18,000, as the case may 
be) prescribed by section 214(d) and Sec. 1.214A-2(c), in that order. 
The application of this subparagraph may be illustrated by the following 
examples:

    Example 1. The taxpayer's wife is physically incapable of caring for 
herself. He incurs employment-related expenses of $1,000 during the 
calendar month for services within the household. Disability payments of 
the wife applicable to such month under paragraph (a)(2) of this section 
amount to $350. The taxpayer's excess adjusted gross income (over the 
taxpayer's income limitation) applicable to such month under Sec. 
1.214A-2(c)(1) amounts to $300. Under such circumstances, the amount of 
employment-related expenses for such month which may be taken into 
account for purposes of section 214 is $100, determined as follows:

Employment-related expenses..................................     $1,000
  Less: Reduction under paragraph (a)(2) of this section.....        350
                                                              ----------
      Balance................................................        650
                                                              ----------
Application of limitation under Sec.  1.214A-2(a)                   400
 (employment-related expenses of $650, but not to exceed
 $400).......................................................

[[Page 345]]


Less: Reduction under Sec.  1.214A-2(c)(1)..................        300
                                                              ----------
      Employment-related expenses to be taken into account...        100


    Example 2. The taxpayer's child, aged 15, is physically incapable of 
caring for himself the taxpayer incurs employment-related expenses of 
$487 duing June for services within the household. The excess of the 
adjusted gross income and disability payments of the dependent child for 
the taxable year (over the $750 limitation) applicable to June under 
paragraph (a)(1) of this section amounts to $112. The taxpayer's excess 
adjusted gross income (over the taxpayer's income limitation) applicable 
to June under Sec. 1.214A-2(c)(1) amounts to $125. Under such 
circumstances, the amount of employment-related expenses for June which 
may be taken into account for purposes of section 214 is $250, 
determined as follows:

Employment-related expenses..................................       $487
Less: Reduction under paragraph (a)(1) of this section.......        112
                                                              ----------
      Balance................................................        375
Less: Reduction under Sec.  1.214A-2(c)(1)..................        125
                                                              ----------
      Employment-related expenses to be taken into account...        250



[T.D. 7411, 41 FR 15408, Apr. 13, 1976]