April 28, 2023 2:42 am

Disability Benefits May Be Tax-Free Workers’ Compensation

That’s what happened to a state employee who suffered a work-related injury. She applied for disability retirement due to her injury and a state board approved her service-related disability retirement. She initially included the payments as income, but sued in a federal district court to obtain a refund on the grounds that the payments were in the nature of workers’ compensation. The IRS opposed her position,

The court ruled in her favor (Diane Kiczuk DC CT, 3/31/23). Code Sec. 104(a) excludes from taxable income amounts received by an employee “under a statute in the nature of a workmen’s compensation act.” Here, the court ruled that the payments were made to her under a state statute (Connecticut Gen Stat. Sec. 5-192p) that was “in the nature of workers’ compensation.” She received the benefits because of a work-related injury, so her refund was allowed.

advertisement
Tax Glossary

Withholding

An amount taken from income as a prepayment of an individual’s tax liability for the year. In the case of wages, the employer withholds part of every wage payment. Backup withholding from dividend or interest income is required if you do not provide the payer with a correct taxpayer identification number. Withholding on pensions and IRAs is automatic unless you elect to waive withholding.

More terms