Reg. § 1.501(c)(17)-3 Relation to other sections of the Code.
(a) Taxability of benefit distributions
(1) Separation benefits If the separation benefits described in section are funded entirely by employer contributions, then the full amount of any separation benefit payment received by an employee is includible in his gross income under section . If any such separation benefit is funded by both employer and employee contributions, or solely by employee contributions, the amount of any separation benefit payment which is includible in the gross income of the employee is the amount by which such distribution and any prior distributions of such separation payments exceeds the employee's total contributions to fund such separation benefits.
(2) Sick and accident benefits Any benefit payment received from the trust under the part of the plan, if any, which provides for the payment of sick and accident benefits must be included in gross income under section , unless specifically excluded under section or and the regulations thereunder. See section and for benefit payments expended for medical care, benefit payments in excess of actual medical expenses, and benefit payments which an employee is entitled to receive irrespective of whether or not he incurs expenses for medical care. See section and for benefit payments representing reimbursement for medical expenses paid in prior years. See for the requirement that a trust described in section which receives employee contributions must be part of a written plan which provides for the allocation of the cost of funding sick and accident benefits.
(b) Exemption as a voluntary employees' beneficiary association Section contemplates that a trust forming part of a plan providing for the payment of supplemental unemployment compensation benefits may, if it qualifies, apply for exemption from income tax under section either as a voluntary employees' beneficiary association described in section or as a trust described in section .
(c) Returns A trust which is described in section and which is exempt from tax under section must file a return in accordance with section and the regulations thereunder. If such a trust realizes any unrelated business taxable income, as defined in section , the trust is also required to file a return with respect to such income.
(d) Effective date Section shall apply to taxable years beginning after December 31, 1959, and shall apply to supplemental unemployment benefit trusts regardless of when created or organized.
[T.D. 6972, 33 FR 12902, Sept. 12, 1968]