It has been said that the only two certainties in life are death and taxes. There may well be certain events, but it’s often confusing working out what tax advantages may be gained by the company or the employee(s) depending on how insurance policy ownership, beneficiaries and payments are structured. Steven de Jong throws some light on the issue
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It’s the same policy, the same premium, protection against the same risks – but how you structure and pay for your life insurance can have an impact on who’s liable for what tax. Even if you are self-employed, whether the company pays the premium, or you personally, makes a difference.
Life Insurance contributions by a company are liable for FBT when;
- an insurance policy where an employer takes it out for an employee and pays the premiums.
- an insurance policy of a life insurance agent or their family, where there is a discounted premium.
Life Insurance contributions by a company are not liable for FBT when
- an insurance policy where an employee or family member takes it out and the employer pays the premiums - in this case, the payments are taxable income in the hands of the employee.
- an insurance policy where an employer takes it out for an employee, pays the premiums and gains the benefit from the policy (the company or employer is the beneficiary of the product). In this case, the payments are not subject to fringe benefit tax, and are not taxable in the hands of the employee.
In simple words, a group scheme policy where the company pays the premiums and the employee gets the pay-out in the event of death is taxed as an employee fringe benefit rate.
In the event that an employee takes out a policy, and the employer then pays the premiums, payments are not subject to FBT, but the premium payment is treated as taxable income for the employee.
Where the company pays the premium, and is the beneficiary of the policy (often is the case for key man insurance) payments are not subject to FBT and are not taxable.
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