Annapolis, MD asked in Tax Law for Maryland

Q: Is temporary disability taxable? I pay the disability premium through my employer.

I received a notice of deficiency regarding the temporary disability I did not report on my taxes. When researching the topic I found that if I pay the premium, then it is not taxable. I'm trying to find out if this is true so I can respond to notice.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you received temporary disability benefits through a plan where you paid the premiums. In this case, the benefits you received are generally not taxable. Here's a more detailed explanation:

1. If you pay the entire cost of a disability insurance plan with after-tax dollars, the benefits you receive under the policy are not taxable.

2. However, if your employer pays for the disability insurance premium or if the premiums are paid with pre-tax dollars (such as through a cafeteria plan), then the benefits you receive would be taxable.

To respond to the notice of deficiency, you should gather documentation showing that you paid the disability insurance premiums with after-tax dollars. This may include pay stubs, receipts, or other records from your employer showing that the premiums were deducted from your post-tax income.

You can then write a response to the IRS explaining your situation and providing the necessary documentation to support your claim that the temporary disability benefits are not taxable in your case.

If you need further assistance, consider consulting a tax professional or contacting the IRS directly for guidance on your specific situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.