When you become disabled, it is important to understand the details of your long term disability benefit payments. The insurance policy will set out the benefit calculation – usually a percentage of your pre-disability income sometimes with a maximum monthly benefit amount. The question of whether the disability benefit income will be subject to income tax depends on who paid for the cost of coverage (the insurance premiums).
If you purchased an individual or private disability income policy, your benefit will not be taxable income. This is because you paid for those premiums personally with after tax dollars. If your long term disability benefits are found in a group insurance policy provided as a benefit by your employer, the question of whether long term disability benefit payments are taxable income is determined by determining who pays the insurance premiums.
If your employer pays any portion of the premiums for long term disability insurance, your LTD benefits are taxable. Therefore, if your gross benefit amount is 60% of your pre-disability income, you will receive a lower payment because the insurance company will deduct income tax from your monthly payments and remit it to Canada Revenue Agency.
Where employees pay 100% of the insurance premiums associated with their disability insurance, the benefits are not considered taxable income. Therefore, the disability income does not need to be reported on the disabled person’s income tax return.
In order to figure out the tax implications of disability benefits, the first step is to review whether the employer made payroll deductions for LTD premiums. Even if the employee paid a portion of the insurance premiums, if the employer pays any of the premium, the LTD benefits are taxable.
You can contact your insurance company or plan administrator to determine whether your long term disability income is taxable. Alternatively, you can request a copy of your policy or disability plan from the insurer.
CPP disability benefits are taxable income. If you are awarded CPP disability benefits, it is wise to request that the government deduct taxes in order to satisfy the tax obligation which will result from receiving this income throughout the year and avoid a nasty tax bill when you file your income tax return.
Employment insurance illness/sickness benefits are taxable. Many employers do not provide short term disability benefit plans and their disabled employees will need to apply for EI illness benefits during the waiting period for long term disability benefits.
Workers’ compensation benefits are not usually taxable income. You will need to report the benefit amount on your income tax return and claim the benefits as a deduction. Therefore, while your benefits do not create a tax obligation, you do need to make sure to report your WSIB/WCB payments properly to Canada Revenue Agency.
Most group insurance plans provide that CPP disability is an offset or benefit reduction from long term disability benefits. A question which often arises is how that benefit reduction is calculated when long term disability benefits result in a tax free monthly payment while CPP disability is taxable income. Generally, the long term disability policy will set out benefit calculation rules which provide that even though the disability insurance benefits are not considered taxable income, the gross CPP disability benefit is deducted from the nontaxable LTD benefit amount.
In order to reduce your tax obligations, you may be able to claim one of several tax credits or other benefits such as:
It is important to obtain advice from a qualified tax professional in order to determine whether you have applied for all of the benefits to which you are entitled and claimed all available tax credits.
If you have questions about your disability benefit plan terms and whether you need to pay tax on your benefits, contact of our experienced long term disability lawyers for a free consultation.
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