On March 26, 2021, the IRS
announced that amounts paid for personal protective equipment
("PPE") for the primary purpose of preventing the spread
of COVID-19 are treated as amounts paid for medical care under Code
Section 213(d). PPE includes masks, hand sanitizer, and sanitizing
wipes. Amounts paid by a taxpayer for PPE for use by the taxpayer,
the taxpayer's spouse, or the taxpayer's dependents are
deductible under Code Section 213(a) if the taxpayer's total
medical expenses exceed 7.5% of adjusted gross income and the
taxpayer is not compensated by insurance or otherwise for those
amounts.
PPE expenses also may may be paid from or reimbursed under
health FSAs, Archer medical savings accounts, HRAs, or HSAs. If a
group health plan's terms do not permit such reimbursement,
then the group health plan may be amended retroactive to January 1,
2020, to provide for such reimbursement without losing tax
favorable status under Code Section 105(b) or impacting