If the question is about personal deductions ( found on schedule A with AGI limits). Then the advise from Tax Advisors is 100% correct.
I take issue with Telesky with "No medical problem" since even a healthy natural births has deductable medical expenses (with AGI limits).
I did not see where Linard and Ron got the business idea from? If this is a business motive then the reasonable and customary expenses are deductable on the schedule C. The question of how many times, a DBA or Bank account does not determine a business motive. Saying that a Busines motive would be the factor to make such Schedule C deductions, If your motive is anything but business then no deduction is allowed.
Section 213(a) of the Internal Revenue Code released on May 2, 2003 says: “Expenses preparatory to the performance of a procedure that qualifies as medical care that are directly related to the procedure may also constitute medical care for purposes of § 213. For example, Rev. Rul. 68-452, 1968-2 C.B. 111, holds that surgical, hospital, and transportation expenses incurred by a donor in connection with donating a kidney to the taxpayer are deductible medical expenses of the taxpayer-recipient for the years in which the taxpayer pays them, subject to the limits of § 213. Similarly, expenses the taxpayer pays to obtain an egg donor, including the donor’s expenses, are directly related and preparatory to the taxpayer’s medical expenses and are deductible by the taxpayer in the year paid.
You have represented that you will pay the fee to the donor, the fee to the agency that procured the donor, the donor’s medical and psychological testing expenses, the insurance for post-procedure medical or psychological assistance to the donor, and the cost of the legal contract between you and the donor, in order to enable you to obtain a donated egg for implantation into your body. Because these costs are preparatory to the performance of your own medical procedure, the expenses are medical care for purposes of § 213.”
Read more at: http://www.irs.gov/pub/irs-wd/0318017.pdf
It depends. If there is a medical problem such as infertility then the legal and medical costs for a surrogate would be deductible. If there is no medical problem, then none of the expenses would be deductible.
All expenses of the surrogacy are reportable on your Schedule C. Your income or payments from the parents would also be reported on the Schedule C as the adopting parents would need to report the payments on a 1099. When totaling those expenses, don't forget the use of your vehicle or any other expense for doctor visits or visits to the adoptive parents.