Treasury Regulations (26 C.F.R.)

26 CFR § 31.3306(b)(2)-1

Payments under employers' plans on account of retirement, sickness or accident disability, medical or hospitalization expenses, or death.

Official textecfr.govlast amended

# (a)

The term “wages” does not include the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents), on account of:

(1) An employee's retirement,

(2) Sickness or accident disability of an employee or any of his dependents,

(3) Medical or hospitalization expenses in connection with sickness or accident disability of an employee or any of his dependents, or

(4) Death of an employee or any of his dependents.

# (b)

The plan or system established by an employer need not provide for payments on account of all of the specified items, but such plan or system may provide for any one or more of such items. Payments for any one or more of such items under a plan or system established by an employer solely for the dependents of his employees are not within this exclusion from wages.

# (c)

Dependents of an employee include the employee's husband or wife, children, and any other members of the employee's immediate family.

# (d)

It is immaterial for purposes of this exclusion whether the amount or possibility of such benefit payments is taken into consideration in fixing the amount of an employee's remuneration or whether such payments are required, expressly or impliedly, by the contract of service.

Source: view the official text

Report a problem

What's wrong?

Sent anonymously with this page's citation. No personal information is collected.

In this part (40 sections)
  1. 31.3231(d)-1 · Service.
  2. 31.3231(e)-1 · Compensation.
  3. 31.3231(e)-2 · Contribution base.
  4. 31.3301-1 · Persons liable for tax.
  5. 31.3301-2 · Measure of tax.
  6. 31.3301-3 · Rate and computation of tax.
  7. 31.3301-4 · When wages are paid.
  8. 31.3302(a)-1 · Credit against tax for contributions paid.
  9. 31.3302(a)-2 · Refund of State contributions.
  10. 31.3302(a)-3 · Proof of credit under section 3302(a).
  11. 31.3302(b)-1 · Additional credit against tax.
  12. 31.3302(b)-2 · Proof of additional credit under section 3302(b).
  13. 31.3302(c)-1 · Limit on total credits.
  14. 31.3302(d)-1 · Definitions and special rules relating to limit on total…
  15. 31.3302(e)-1 · Successor employer.
  16. 31.3306(a)-1 · Who are employers.
  17. 31.3306(b)-1 · Wages.
  18. 31.3306(b)-1T · Question and answer relating to the definition of wages…
  19. 31.3306(b)-2 · Reimbursement and other expense allowance amounts.
  20. 31.3306(b)(1)-1 · $3,000 limitation.
  21. 31.3306(b)(2)-1 · Payments under employers' plans on account of…
  22. 31.3306(b)(3)-1 · Retirement payments.
  23. 31.3306(b)(4)-1 · Payments on account of sickness or accident…
  24. 31.3306(b)(5)-1 · Payments from or to certain tax-exempt trusts, or…
  25. 31.3306(b)(6)-1 · Payment by an employer of employee tax under section…
  26. 31.3306(b)(7)-1 · Payments other than in cash for service not in the…
  27. 31.3306(b)(8)-1 · Payments to employees for non-work periods.
  28. 31.3306(b)(9)-1 · Moving expenses.
  29. 31.3306(b)(10)-1 · Payments under certain employers' plans after…
  30. 31.3306(b)(13)-1 · Payments or benefits under a qualified educational…
  31. 31.3306(c)-1 · Employment; services performed before 1955.
  32. 31.3306(c)-2 · Employment; services performed after 1954.
  33. 31.3306(c)-3 · Employment; excepted services in general.
  34. 31.3306(c)(1)-1 · Agricultural labor.
  35. 31.3306(c)(2)-1 · Domestic service.
  36. 31.3306(c)(3)-1 · Services not in the course of employer's trade or…
  37. 31.3306(c)(4)-1 · Services on or in connection with a non-American…
  38. 31.3306(c)(5)-1 · Family employment.
  39. 31.3306(c)(6)-1 · Services in employ of United States or…
  40. 31.3306(c)(7)-1 · Services in employ of States or their political…
Full table of contents →