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Is FFS Tax deductable in Canada with a Doctors Letter?

Started by Christina308, February 23, 2016, 06:18:04 PM

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Christina308

Does anyone know if FFS can be claimed? I have a Doctors letter that states it is a Medical Necessity in my case. I was wondering if it has been done previously........
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archlord

I would like to know the same.  I know that for rhinoplasty if you have a deviation then you can claim a return. I went to see ORL to get a paper for that.
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Christina308

Doesn't the Province cover the Rhinoplasy with a letter? Love your results by the way....Dr. Bensimon is top of my list now.
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spaceships

I'm in the process of claiming it for this tax year. I've already looked at the law, and because it's a cosmetic procedure, you need to be able to prove that it's medical necessary for the treatment of gender dysphoria. I got a letter from my psychiatrist that stated this. MAKE SURE IT STATES THAT ITS MEDICALLY NECESSARY.

Additionally, if you get FFS outside of Canada, you need to show that the reasoning why you couldn't get it in Canada. I have a letter from Dr. Bowman's admin assistant stating that he's unable to operate on someone with metal plates already in their face.

I'll let everyone know how it goes after I file, I also plan on using an accountant and include all correspondents with every FFS surgeon that I've had consultations with, etc.
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Christina308

Spaceships, are you in BC? I am. A contacted the MSP rep and was told that out of Province Surgery, can be billed directly to MSP in BC if they have a similar policy regarding surgery (The necessity thereof). My letter is from a M.D, and states that FFS and hair restoration is Medically Necessary. I'm wondering if, and fully expecting that my doctor gets overruled by either the Provincial MSP approval Board or the CCRA.
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Violet Bloom

  I'm looking into filing this myself this year, as last year I had FFS in May.  (With Dr. Bensimon as well, BTW.)  I'm hoping they will also consider the travel expenses justified for the trip to Montreal from Toronto, since there is a provision for covering such expenses also.  It will be quite interesting to see how it goes.

  There also appears to be a possibility of separately claiming my electrolysis expenses.  These have gone well beyond the final tally for my FFS, so I'm even more interested in that outcome.

  Please keep us informed, Spaceships, and in the interim I will inquire with my doctor about getting a supporting letter.

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Christina308

As it turns out, there is a $2250.00 deductable, at least in my income bracket. I only had about $1500 worth of electro  to claim for the most recent tax year, so i wont be getting that back, so says my accountant.
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Violet Bloom

Quote from: Christina308 on April 10, 2016, 04:13:51 AM
As it turns out, there is a $2250.00 deductible, at least in my income bracket. I only had about $1500 worth of electro  to claim for the most recent tax year, so i wont be getting that back, so says my accountant.

  It would appear my annual income is much lower than yours.  (No hard feelings! ;))  The last information I read from the 2014 tax year said the deductible at the time was 3% of your net income, or $3,363.00, whichever was lower.  Then the credit is calculated on the remainder using the combined lowest Federal plus Provincial tax rate, in my home province of Ontario at the time 15% + 5.05% = 20.05%.  I have a backlog of unclaimed expenses of more than $40,000 mostly from FFS and electrolysis.  The expenses don't have to have occurred in the same tax year if you've not claimed them earlier.  You may carry them forward to a later year.

  In my case, my cumulative expenses up to the end of 2015 actually surpassed my annual income, so I should be eligible for a healthy chunk of tax credit even if the deductible has been raised since 2014.  If the CRA accepts the inclusion of my travel expenses (and travel companion expenses) for the surgery trip to Montreal, this will result in an even higher credit.  No matter what I should be looking at a credit in the many thousands of dollars.  If all goes well I should be able to claim my 2016 electrolysis expenses next year because they will also cross the deductible threshold.

  Even if the CRA rejects my FFS claim in whole or part, all of my other medical and electrolysis expenses are still valid without any additional proof of necessity required, and they add up to more than the cost of my surgery by themselves.  Electrolysis actually was listed as a stand-alone valid item in the government's approval list - you don't have to say why you were doing it.  The only thing you need a supporting letter for is surgery, and the travel expenses, including meals, for that surgery can be included if they believe you had no reasonable alternative surgeon available locally.  In my case I had a complicating existing condition with the structure of my nose that most cosmetic surgeons would not have been willing to risk working around.  Even Dr. Brassard didn't want to touch it, and he was the one that referred me to Dr. Bensimon, a skilled surgeon trained in facial reconstructive surgery before he entered the cosmetic field.

  I will report back on what happens with my situation.

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Christina308

Your right! I meant $3300. I didn't realize the typo. Where did you get the information stating that you may only recoup 20.05% of the total costs, less the deductible?
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GingerMaxim

How can any Ontario surgery be tax deductible if OHIP covers it?

I just had SeptoRhinoplasty 4 weeks ago and OHIP covered it, so how can you
get a tax deduction if you paid nothing?

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Violet Bloom

Quote from: Christina308 on April 11, 2016, 03:41:15 AM
Your right! I meant $3300. I didn't realize the typo. Where did you get the information stating that you may only recoup 20.05% of the total costs, less the deductible?

A few of the sources I was reading and referencing:
https://www.sunlife.ca/ca/Learn+and+Plan/Money/Insuring+your+health/Are+you+entitled+to+a+tax+refund+for+your+medical+expenses?vgnLocale=en_CA
http://regencyadvisors.com/regency/images/uploads/documents/HSA%20Allowable%20Expenses%20-%20NEW.pdf
https://taxinterpretations.com/content/362915

  I think the last link is probably the most important.

Quote from: GingerMaxim on April 11, 2016, 04:42:12 AM
How can any Ontario surgery be tax deductible if OHIP covers it?

I just had SeptoRhinoplasty 4 weeks ago and OHIP covered it, so how can you
get a tax deduction if you paid nothing?

  If we're talking purely Gender Dysphoria-triggered and transition-related medical procedures in Ontario, if it's not genital surgery or top surgery, you're essentially completely out of luck with OHIP.  OHIP would not have covered either strictly my FFS or separately the specific type of repair done to my nasal septum.  (Manulife, who provides health coverage through my employer, used this excuse (among other things) to not even cover short-term disability for my work leave.)  My family doctor didn't advise me otherwise either when asked.  As I read the requirements, FFS is absolutely not covered by OHIP, and you would need to have so-severely deviated a septum as to cause a substantially measured reduction in your ability to breath in order to have that particular corrective surgery covered on its own.  The base cost of both FFS and septum repair (not deviation correction) combined into one surgery by Dr. Bensimon was $14990, none of which I've been in any way compensated for.  Obviously I wouldn't be pursuing this on my Federal tax return if I'd already been covered or compensated in full - that would be a waste of time, not to mention illegal. ::)

  The only compensation I've ever gotten is through Manulife who covers a large portion of my HRT prescriptions and covered most of my Speech Therapy costs while I was still doing that.  Any remainder not covered by them was fair game for the Federal tax credit, for which I successfully submitted such 'residual' expenses last year on my 2014 Tax Return.  They even accepted the consultation fee for Dr. Bensimon that occurred in 2014.  (So far I've made no attempt to submit my expenses for laser hair removal or electrolysis only because I didn't know there was a chance they might be considered valid.)

  The running total of all my un-recouped transition medical expenses plus associated travel costs is probably now in excess of $50,000.  If there's any chance of recovering even a small fraction of that, the exercise will have been worth it.  You don't know unless you try.  I'm looking forward to the day when I can actually afford to donate to this forum, not to mention recover my savings enough to survive retirement.  I actually had to involuntarily reduce my weekly electrolysis hours by a third starting in January of this year because I finally would have run out of money for basic living expenses otherwise.

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Violet Bloom

An update:

  I met with my accountant this past weekend and discussed the Medical Expenses Tax Credit issue.  He had taken the time prior to speak on the phone with the CRA offices and happened to connect with an enthusiastically-helpful gentleman there.  That guy didn't have all the answers himself but did bring someone else with direct experience on the issue into the conversation.  They confirmed that all the treatments and costs I've incurred would be allowed for submission so long as they were sanctioned/prescribed/referred by my doctor.  With a letter from my doctor clearly stating everything I was doing was considered "medically necessary" by her in the treatment of my gender dysphoria, and receipts are available for all of these amounts, the case is virtually iron-clad.

  I met with my doctor today for the express purpose of obtaining such a letter.  She had never written one for this exact purpose before, but after a bit of discussion to clarify the language, she wrote up and signed the letter.  I now have everything I need compiled and will be submitting the documents to my accountant shortly.  I've had the benefit of dealing with this one family doctor and LGBT health program at Sherbourne Health Centre from the beginning of my transition, so all of my activities have been documented, condoned and supported by them from day one.

  There is still potential for the CRA to dispute some or all of the items in question, particularly whether or not they will accept the surgery travel expenses.  My doctor included in her letter that I had justification to travel to Montreal for my FFS surgery because it is one of few locations in Canada where I could locate such a specialized surgeon.  One additional piece of documentation I will be including is the guidelines from the surgeon because it states very clearly that I required a companion present in order to be allowed to leave the hospital.  The travel costs for the companion are also valid for submission in this instance, and this will greatly simplify allocating costs from the receipts since most of them were not explicitly divided between me and my Dad (who went with me).

  I have the benefit of my accountant actually having worked for the CRA in the past before he moved to a private accounting firm.  While this was long-enough ago that he's never dealt with transgender medical expenses before, he does still know the CRA operation pretty much inside-out.  He knows how they work and talk, and he knows who to speak to and what to say in order to have effective and efficient interactions with them.  It gives me a lot of confidence in his word that my submissions actually stand a good chance of succeeding.  He said that initially upon submission, none of the 'accessory' paperwork even gets looked at by the CRA because the tax return is being filed electronically.  The only way a dispute or detailed investigation comes up is if the tax return later gets flagged for audit. 

  One last thing to make clear - expenses must be submitted for the tax year they occurred in.  As such I will be putting through the ones for 2015 alone right now.  (Thankfully this represents the majority of my overall transition expenses to date.)  Anything I have for prior years requires submitting a request for an adjustment to that particular year's tax return.  Expenses I incurred prior to 2014 probably aren't worth enough to justify the cost of the accountant's billed hours to assemble the application.  Expenses for 2014 probably are worth enough though.  I will wait to see the outcome of my 2015 tax return before attempting a 2014 adjustment.  If 2015 fails, it's not worth pursuing.  If 2015 works, however, then the precedent is set which pretty much forces the hand of the CRA on any other year before or after.  The approval on the grounds of Gender Dysphoria is kind of an all-or-nothing shot - If they approve one particular procedure as medically necessary then they have a very tough time rejecting any of the others.

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spaceships

Quote from: Christina308 on February 24, 2016, 02:15:04 AM
Spaceships, are you in BC? I am. A contacted the MSP rep and was told that out of Province Surgery, can be billed directly to MSP in BC if they have a similar policy regarding surgery (The necessity thereof). My letter is from a M.D, and states that FFS and hair restoration is Medically Necessary. I'm wondering if, and fully expecting that my doctor gets overruled by either the Provincial MSP approval Board or the CCRA.

Sorry for the delay, struggling with depression lately. I do live in BC, but FFS isn't covered under MSP.
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spaceships

Quote from: Violet Bloom on April 25, 2016, 10:21:26 PM
An update:

  I met with my accountant this past weekend and discussed the Medical Expenses Tax Credit issue.  He had taken the time prior to speak on the phone with the CRA offices and happened to connect with an enthusiastically-helpful gentleman there.  That guy didn't have all the answers himself but did bring someone else with direct experience on the issue into the conversation.  They confirmed that all the treatments and costs I've incurred would be allowed for submission so long as they were sanctioned/prescribed/referred by my doctor.  With a letter from my doctor clearly stating everything I was doing was considered "medically necessary" by her in the treatment of my gender dysphoria, and receipts are available for all of these amounts, the case is virtually iron-clad.

  I met with my doctor today for the express purpose of obtaining such a letter.  She had never written one for this exact purpose before, but after a bit of discussion to clarify the language, she wrote up and signed the letter.  I now have everything I need compiled and will be submitting the documents to my accountant shortly.  I've had the benefit of dealing with this one family doctor and LGBT health program at Sherbourne Health Centre from the beginning of my transition, so all of my activities have been documented, condoned and supported by them from day one.

  There is still potential for the CRA to dispute some or all of the items in question, particularly whether or not they will accept the surgery travel expenses.  My doctor included in her letter that I had justification to travel to Montreal for my FFS surgery because it is one of few locations in Canada where I could locate such a specialized surgeon.  One additional piece of documentation I will be including is the guidelines from the surgeon because it states very clearly that I required a companion present in order to be allowed to leave the hospital.  The travel costs for the companion are also valid for submission in this instance, and this will greatly simplify allocating costs from the receipts since most of them were not explicitly divided between me and my Dad (who went with me).

  I have the benefit of my accountant actually having worked for the CRA in the past before he moved to a private accounting firm.  While this was long-enough ago that he's never dealt with transgender medical expenses before, he does still know the CRA operation pretty much inside-out.  He knows how they work and talk, and he knows who to speak to and what to say in order to have effective and efficient interactions with them.  It gives me a lot of confidence in his word that my submissions actually stand a good chance of succeeding.  He said that initially upon submission, none of the 'accessory' paperwork even gets looked at by the CRA because the tax return is being filed electronically.  The only way a dispute or detailed investigation comes up is if the tax return later gets flagged for audit. 

  One last thing to make clear - expenses must be submitted for the tax year they occurred in.  As such I will be putting through the ones for 2015 alone right now.  (Thankfully this represents the majority of my overall transition expenses to date.)  Anything I have for prior years requires submitting a request for an adjustment to that particular year's tax return.  Expenses I incurred prior to 2014 probably aren't worth enough to justify the cost of the accountant's billed hours to assemble the application.  Expenses for 2014 probably are worth enough though.  I will wait to see the outcome of my 2015 tax return before attempting a 2014 adjustment.  If 2015 fails, it's not worth pursuing.  If 2015 works, however, then the precedent is set which pretty much forces the hand of the CRA on any other year before or after.  The approval on the grounds of Gender Dysphoria is kind of an all-or-nothing shot - If they approve one particular procedure as medically necessary then they have a very tough time rejecting any of the others.

Violet,

I hate to be a downer, but you just paid for information that is freely available on the CRAs website, and in the Income Tax Act.
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Violet Bloom

Quote from: spaceships on April 28, 2016, 12:03:40 AM
Violet,

I hate to be a downer, but you just paid for information that is freely available on the CRAs website, and in the Income Tax Act.

  It's okay, I didn't pay for any of it.  Whatever I'd sourced for info came from the web first through my own research, the accountant only confirmed it for himself.  Also, the meeting with my accountant would have happened anyway for the rest of the return prep.  I wasn't personally charged by my doctor for the letter either (everything at Sherbourne goes through OHIP).

  I have everything filed now with the CRA.  At this point it's a wait-and-see thing if they choose to audit my return.  I believe they have the option to flag for an audit over at least a seven-year window.

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Violet Bloom

  So far, so good with my tax return.  The only thing the CRA asked for clarification on was an unrelated calculation with a value less than $200.  If that's all they're concerned about, given the immensity of the rest of the claim value, then I'm feeling much more optimistic now.  I will keep you guys updated as this story progresses.

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staciM

I realize this is quite an old post but I was hoping someone could help with clarification and their experiences.

Several months back before I started laser and electrolysis I received a letter from my GP stating the following (pronouns ughhh!!!):

"Mr xxxxx informed me that he just initiated the gender transition process.
One of the steps is hair removal for which he will need laser and electrolysis hair removal procedures."

From what I've read, electrolysis is only a deductible expense if it's undertaken by a "medical practitioner".  According to what I've read, even certified laser and electrolysis technicians aren't consider "medical practitioners". 

Is this letter from my Dr. sufficient to be considered "medically necessary" and if so, how did people get around the "medical practitioner" definition?

What about FFS?  Has anyone been successful in claiming any portion?

I'm in Alberta.

Thanks
- Staci -
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