Ask the Experts!

The professionals at Advanced Underwriting Consultants (AUC) answer the tax and technical questions posed by producers.  Here’s the question of the day.

Question: Can the owner of a C corporation realize any tax advantages by running the premium for a qualified long term care policy through her business?

Answer: Yes.  Qualified long term care contracts are generally treated as health insurance for the purpose of the rules.

C corporation employers have the greatest number of potential advantages for implementing LTCi plans for their employees.

1. The premium is deductible by the corporation. LTCi premiums payable by a company are deductible as ordinary and necessary business expenses under Code Section 162.

2. There is no practical limit to the amount of premium that can be paid by the employer’s for an employee’s policy. The amount of premium that a business contributes to LTCi on behalf of an employee is virtually unlimited—subject only to the idea that the employee’s overall compensation package is reasonable.

3. The company can pick the employees to be covered by the plan. Health plans provided by an employer through insurance coverage do not need to follow the nondiscrimination rules of Section 105(h) of the Code.  Code Sections 105 and 106 make reference to health plans sponsored by an employer.  Treasury Regulations Section 1.105-5 provides

a plan may cover one or more employees, and there may be different plans for different employees or classes of employees.  An accident or health plan may be insured or noninsured, and it is not necessary that the plan be in writing or that the employee’s rights to benefits under the plan be enforceable.

4. The premium paid by the corporation is not included in the employee’s taxable income. Code Section 106 says that the premiums paid by an employer to a health plan are not included in the employee’s taxable income.

5. The benefits paid to the insured are tax free. Section 105(b), however, provides that an employee does not have to include in taxable income most payments received for medical care, as defined in Code Section 213(d).  Section 213(d) says benefits paid under a tax-qualified LTCi contract are payments for medical care.

6. Spouse and dependent family members of participating employees may also be included under the plan. Section 105(b) of the Code allows employers to include spouses and income-tax dependents of participating employees within the scope of a health plan.  Since LTCi plans are health plans for the purpose of Section 105(b), that means that the spouse or income-tax dependents of a participating employee can also be included in the LTCi plan so long as the employer permits.

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