TomD8
Level 15

Get your taxes done using TurboTax

I believe this IRS ruling addresses your situation:

 

"Under the Amended Plan, long-term disability benefits received by an employee who has irrevocably elected, prior to the beginning of the plan year, to have the coverage paid by the Employer on an after-tax basis for the plan year in which the employee becomes disabled are attributable solely to after-tax employee contributions and are excludable from the employee’s gross income under § 104(a)(3).

 

Under the Amended Plan, long-term disability benefits received by an employee whose coverage is paid by the Employer on a pre-tax basis for the plan year in which the employee becomes disabled are attributable solely to pre-tax Employer contributions and are includible in the employee’s gross income under § 105(a).

These holdings are equally applicable to short-term disability benefits."

https://www.irs.gov/irb/2004-26_IRB#RR-2004-55

 

"After tax" = the premiums paid by your employer were included in your taxable income

"Pre-tax" = the premiums paid by your employer were not included in your taxable income

**Answers are correct to the best of my ability but do not constitute tax or legal advice.