Tax TreatmentQuestion 228 of 315

An employer pays 100% of the premium for an employee's group long-term disability insurance and does not include the premium in the employee's wages. If the employee later becomes disabled and receives monthly benefits, how are those benefits taxed?

a.Fully excluded from the employee's gross income
b.Fully includible in the employee's gross income as ordinary income
c.Taxable only to the extent benefits exceed the employee's prior wages
d.Treated as a tax-free return of premium up to the premiums the employer paid

Explanation

Under IRC §105(a), when the employer pays the disability premium tax-free to the employee, the benefits the employee later receives are fully includible in gross income. The employee-pay rule under §104(a)(3) (tax-free benefits) only applies when the employee funds the premium with after-tax dollars.

Law Reference: IRC §105(a)

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