312.6 Income Deductions and Disregard

The CAO must allow specific disregards and deductions from the gross income of the MAGI household.

The only income disregard applied in MAGI eligibility determinations is a disregard of 5 percent of the 100 percent FPIG for the budget family size (See Section 312.62, Income Disregard). The 5 percent disregard is applied only if the disregard would make a difference in the eligibility determination.

 

Certain tax deductions reported to and verified by the CAO or FFM may be used as deductions from gross income, (See Appendix E). 

312.61 Income Deductions

Certain federal tax deductions may be taken from the MAGI household’s gross income, (See Appendix E).  Allowable federal tax deductions are reported on page one of the IRS Form 1040.

 

Reminder: Individuals whose eligibility is determined using non-filer rules cannot have tax deductions.

 

A tax deduction reported on the MA application by the MAGI household must include a begin date, an end date if applicable, a frequency and an amount.  This information will be used to determine the monthly amount of the deduction.  Any deduction with an end date before the month of the eligibility start date is not an allowable deduction.  A deduction with an end date in the eligibility month, after the eligibility month or with no end date may be an allowable deduction, to be deducted from gross income for as many months as the reported frequency indicates or until eligibility is re-determined, whichever is sooner.  Tax deductions are not applied if there is no countable income. Tax deductions are shared between joint filers.

 

Example:  A MAGI-related application is processed with an eligibility start date of 3/20, the MAGI household reports and verifies alimony of $100 expected to occur monthly with a begin date of 1/1 of the same year and no end date.  This is an allowable deduction from the month of March, because it is expected to continue through the eligibility period.

 

Example: An application is processed for MAGI MA with an eligibility start date of 3/20. The MAGI household reports and verifies a one-time job-related moving expense of $400 with a begin date of 2/1 and an end date of 2/3 of the same year. This is not an allowable deduction, because it does not exist within or after the eligibility month (March).

 

Pre-tax deductions:

 

In some situations, pre-tax deductions must also be deducted from MAGI gross income. Pre-tax deductions can be tax-deferred or tax-exempt amounts that are deducted from the gross amount shown on an individual’s pay check, but will not be shown on the W-2 or IRS form 1040.  Caseworkers must manually exclude the pre-tax portion of the gross income for MAGI-based eligibility determinations.

 

Common pre-tax deductions include:

 

Example:  A client provides a current pay stub showing gross earnings of $400 per week, and a tax-deferred 401K contribution of $24 per week. The individual’s weekly countable income for the MAGI MA determination is $376.

 

42 CFR 435.603(e)

 

 

Tax deductions:

 

Allowable tax deductions from the MAGI household’s gross income include:

 

Note:  income deductions that are not verified will not be counted.

 

Some income tax deductions have a maximum allowable amount. These maximum amounts are listed in Appendix E.

 

312.62 Income Disregard

When determining financial eligibility for MAGI MA, the income disregard of 5 percent of the 100 percent FPIG is applied after any other allowable deductions. The 5 percent disregard is applied only if the disregard will make an individual eligible for MA.  If income after the disregard is at or below the threshold, the client is income eligible.

 42 CFR 435.603(d)(1)

 

Example:    A mother applies for MA for herself and her child age 6.  Their combined monthly gross income exceeds the 133 percent FPIG.  The CAO worker takes allowable tax deductions from gross income, and net income after tax deductions is now below the 133 percent FPIG.    The 5 percent disregard will not be applied as the child is eligible for MAGI MA without the disregard.

 

312.63 Offsetting Self-Employment Losses

MAGI-related MA rules follow the Internal Revenue Service (IRS) rules regarding self-employment losses, and offsetting of other income reported on the tax return.  A tax filer can claim a net loss from self-employment to offset other income reported on the IRS form 1040, with the exception of countable Retirement, Survivors, and Disability Insurance (RSDI) benefits, non-taxable interest, and foreign earned income. This is not applicable to Cash, SNAP, and non-MAGI MA determinations.

42 CFR 435.603(e)

                                                                                                                                                                             

Example 1:  An individual has two Schedule C businesses, and reports a loss of $12,500 on Business A, and net profits of $24,500 on Business B in the same year on IRS form 1040.  The loss from Business A offsets the net profits from Business B to $12,000 in this MAGI-related MA eligibility determination.

Example 2: An individual reports $40,000 in annual wages from Company A and negative self-employment income of $25,000 annually in the same year on the IRS form 1040.  The net loss from self-employment is used to offset the wages from Company A to $15,000 in the MAGI-related MA eligibility determination.

Example 3: An individual files a joint return with their spouse, and reports their negative self-employment income of $10,000 annually, and their spouse’s wages $30,000 annually in the same year on the IRS form 1040.  The net loss from self-employment is used to offset the spouse’s wages to $20,000 in the MAGI-related MA eligibility determination. 

 

 

Updated March 20, 2018 , Replacing July 21, 2017