II · Tax Posture

Schedule C Premium Deductions for Solo Practitioners

April 8, 20267 min readBy Benefits Hub

The self-employed health insurance deduction is one of the few above-the-line deductions still standing for solo and small-firm counsel. It is also one of the most frequently misapplied. This brief walks through the mechanics and the two structural traps that come up in our practice.

Schedule C Premium Deductions for Solo Practitioners
Plate I · II · Tax Posture

The mechanism.

A self-employed attorney with net Schedule C income may deduct health insurance premiums, dental premiums, and qualified long-term care premiums above the line on Schedule 1, line 17. The deduction reduces adjusted gross income directly — meaning it lowers both income tax and the AGI used to calculate marketplace subsidies.

  • Medical premiums for the attorney, spouse, dependents, and adult children under 27 are deductible
  • Dental and vision premiums are equally eligible
  • Long-term care premiums are deductible subject to age-banded caps
  • Premiums paid through a marketplace plan reduce the deduction by any premium tax credit received

The earned-income limitation.

Plate II · Counsel Health editorial

The deduction is capped at net earnings from self-employment, less the deductible portion of self-employment tax and any retirement contributions. In practice: in a year where the practice clears $40,000 but premiums total $50,000, only $40,000 of premium is above-the-line deductible. The remainder may itemize as a medical expense — usually a far less valuable outcome.

The S-corp trap.

An S-corporation attorney must include health insurance premiums in W-2 wages (Box 1) to preserve deductibility. Premiums paid directly by the corporation without W-2 inclusion are non-deductible by the shareholder. This rule catches more single-shareholder S-corp counsel than any other tax structural issue we see, and the consequences are not retroactively curable.

A practical sequence.

  1. Determine the entity classification for the full year
  2. Total all premiums paid for medical, dental, vision, long-term care
  3. Reduce by any premium tax credit received from the marketplace
  4. Confirm net SE income exceeds the premium total
  5. For S-corp counsel, confirm W-2 Box 1 inclusion of the gross premium

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