Updated: March 13, 2024 at 05:07 AM
Disability payments from a qualified plan receive different tax treatment, depending on whether the payments are made to common law employees (
see Q
384) or to self-employed individuals.
If a self-employed individual draws benefits from a plan because of permanent disability, the disability payments will be taxed under the same rules that apply to retirement benefits ( Q
3969).
If a self-employed individual receives disability payments through health insurance, the employee may exclude from gross income any amounts attributable to nondeductible contributions as a self-employed person.
1 Where contributions under a qualified plan are applied to provide incidental accident and health insurance for a self-employed individual, the insurance is treated as if the employee had purchased it directly from the insurance company.
2
1. IRC §§ 105(g), 104(a)(3); Treas. Reg. §§ 1.105-1(a), 1.105-5(b).
2. Treas. Reg. § 1.72-15(g).