26 C.F.R. § 1.106-1

Contributions by employer to accident and health plans

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(a) The gross income of an employee does not include the contributions that the employer makes to an accident or health plan for compensation (through insurance or otherwise) to the employee for personal injuries or sickness incurred by the employee, the employee's spouse, the employee's dependents (as defined in section 152 determined without regard to section 152(b)(1), (b)(2), or (d)(1)(B)), or any child (as defined in section 152(f)(1)) of the employee who as of the end of the taxable year has not attained age 27. The employer may contribute to an accident or health plan either by paying the premium (or a portion of the premium) on a policy of accident or health insurance covering one or more of his employees, or by contributing to a separate trust or fund (including a fund referred to in section 105(e)) which provides accident or health benefits directly or through insurance to one or more of his employees. However, if such insurance policy, trust, or fund provides other benefits in addition to accident or health benefits, section 106 applies only to the portion of the employer's contribution which is allocable to accident or health benefits. See paragraph (d) of § 1.104-1 and §§ 1.105-1 through 1.105-5, inclusive, for regulations relating to exclusion from an employee's gross income of amounts received through accident or health insurance and through accident or health plans. For the treatment of the payment of premiums for accident or health insurance from a qualified trust under section 401(a), see §§ 1.72-15 and 1.402(a)-1(e).

(b) Effective/applicability date. The first and last sentences of paragraph (a) of this section apply for taxable years beginning on or after January 1, 2015.

[T.D. 6500, 25 FR 11402, Nov. 26, 1960; 25 FR 14021, Dec. 21, 1960, as amended by T.D. 9665, 79 FR 26841, May 12, 2014]
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1968–2024 · leading case: In Re the Marriage of Davis, 252 P.3d 530 (Colo. Ct. App. 2011).
In Re the Marriage of Davis, 252 P.3d 530 (Colo. Ct. App. 2011). “") ef 26 C.F.R. § 1.106-1 (2010) ("The gross income of an employee does not include contributions which his employer makes to an accident or health plan for compensation (through insurance or otherwise) to the employee for personal injuries or sickness incurred by him, his…”
United States v. Windsor, 133 S. Ct. 2675 (2013). “And it denies or reduces benefits allowed to families upon the loss of a spouse and parent, benefits that are an integral part of family security. See Social Security Administration, Social Security Survivors Benefits 5 (2012) (benefits available to a surviving spouse caring for…”
Massachusetts v. Dept. of Health & Human Servs., 698 F. Supp. 2d 234 (D. Mass. 2010). “, Secretary, Commonwealth of Massachusetts, Executive Office of Health and Human Services (August 21, 2008).”
Laverty v. Comm'r, 61 T.C. 160 (Tax Ct. 1973). · cites it 2× “It deals only with the treatment of contributions *39 by an employer to an accident or health plan for the benefit of his employees, either in the form of contributions to a separate fund or trust or by the payment of premiums on a policy of accident or health insurance.”
Hayes v. Hayes, 620 S.E.2d 806 (Ga. 2005). “8 See 26 USC §§ 61 , 106; 26 CFR § 1.106-1 . 9 See Hicks v. Hicks, 526 SE2d 14, 16-18 (W.”
Darcy L. Howard v. Patrick S. White, 2024 ME 9 (Me. 2024). “118-30 ); 26 C.F.R. § 1.106-1 (a) (2023); 36 M.R.S.”
Nat'l Educ. Ass'n-Topeka v. Unified Sch. Dist. No. 501, 7 P.3d 1174 (Kan. 2000). · cites it 2× “26 C.F.R. § 1.106-1 (1999) states that employer contributions are treated as funds given directly from the employer to the insurer so that the employee pays no income tax on the benefit.”
Wirtz v. Comm'r, 56 T.C.M. 1596 (Tax Ct. 1989). · cites it 2× “We note, however, that section 106 permits the exclusion of payments made directly by an employer to an accident or health plan or to an independent fund or trust.”
Massachusetts v. United States Dep't of Health & Human Servs., 698 F. Supp. 2d 234 (D. Mass. 2010). “§ 106 ; 26C.F.R. § 1.106-1). . McHugh Aff., ¶ 4. .”
Bogene, Inc. v. Comm'r, 27 T.C.M. 730 (Tax Ct. 1968). · cites it 2× “1622, 83d Cong., 2d Sess., pp. 15-16, and section 1.”
Marshall v. Comm'r, 56 T.C.M. 1006 (Tax Ct. 1989). · cites it 2× “, which states: Contributions by employer to accident and health plans. -- The gross income of an employee does not include contributions which his employer makes to an accident or health plan for compensation (through insurance or otherwise) to the employee for personal…”
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