This bill modifies the Internal Revenue Code to prohibit deducting abortion expenses as medical costs, except in cases of life-threatening conditions or pregnancies resulting from rape or incest, and applies to taxable years after the bill's enactment.
Mike Lee
Senator
UT
The "Abortion Is Not Health Care Act of 2025" amends the Internal Revenue Code to specify that expenses for abortions cannot be claimed as medical expense deductions. This restriction does not apply if the abortion is necessary to save the woman's life or if the pregnancy is a result of rape or incest. This change will be effective for taxable years beginning after the law is enacted.
The "Abortion Is Not Health Care Act of 2025" changes the tax rules around medical expenses. Specifically, it blocks people from claiming tax deductions for abortion costs, starting with the 2025 tax year. Here's the breakdown:
This bill, straight up, says that money spent on abortion procedures can't be counted as a medical expense when you're figuring out your taxes. This means that if you itemize deductions and typically deduct medical expenses that exceed 7.5% of your adjusted gross income, abortion costs can no longer be included in that calculation. (SEC. 2)
There are exceptions. The bill does allow deductions if a doctor certifies in writing that the abortion is necessary because the woman has a physical condition (including pregnancy complications) that would otherwise cause death. It also allows deductions if the pregnancy is the result of rape or incest. (SEC. 2)
This bill directly amends Section 213 of the Internal Revenue Code, which is the part that deals with medical expense deductions. It adds a specific carve-out for abortion, treating it differently than other medical procedures. This change could be particularly impactful for people who rely on itemized deductions for high medical costs. It also adds a layer of complexity, requiring documentation and certification in cases where exceptions apply.
One major challenge is how these exceptions will be enforced. The bill requires a doctor's certification for life-threatening conditions, but it doesn't specify exactly what kind of documentation is needed for cases of rape or incest. This could create difficulties for both taxpayers and the IRS.
Another challenge is that it will likely have a bigger impact on lower-income people. Those who can easily afford medical expenses might not itemize, and therefore wouldn't be affected by this change. But for those who rely on these deductions to make healthcare more affordable, losing the ability to deduct abortion costs could be a significant financial burden.