S-Corp Owner Health Insurance Premium Deduction

TY 2025 Business & Entity Tax 2 sources ↓ 2026-10-11 Reviewed before publication by Hopkins CPA Firm

Question askedi'm an s-corp solo owner and pay my own health insurance. How do I get my business to deduct this?

Quick answer: For 2025, your S corporation can't take a direct "insurance expense" business deduction the way it does for salaries—but if the corporation pays or reimburses your health insurance premiums and reports them as W-2 wages, you personally get an above-the-line self-employed health insurance deduction on your Form 1040, effectively making the cost tax-free at the individual level even though it isn't a corporate-level deduction reducing S-corp profit.

What it is

This is the "2-percent shareholder-employee" health insurance rule under IRC § 162(l), as clarified by Notice 2008-1. It is not the same as an employee getting tax-free health coverage under IRC § 106 — that exclusion doesn't apply to you. As the notice explains, Section 106 provides an exclusion from the gross income of an employee for employer-provided coverage under an accident and health plan, but a 2-percent shareholder is not an employee for purposes of §106, per Treas. Reg. §1.106-1 and section 1372(a). Instead, you're treated similarly to a partner: accident and health insurance premiums paid or furnished by an S corporation on behalf of its 2-percent shareholders in consideration for services rendered are treated for income tax purposes like partnership guaranteed payments under § 707(c), per Rev. Rul. 91-26.

How it works

  1. The plan must be "established by" the S corporation. Notice 2008-1 says a plan providing medical care coverage for the 2-percent shareholder-employee in an S corporation is established by the S corporation if the S corporation makes the premium payments directly, or the shareholder pays and furnishes proof of payment and the S corporation reimburses the shareholder in the same year. If the premiums are not paid or reimbursed by the S corporation and included in the shareholder's gross income, no plan is established and the deduction isn't allowed.

  2. The corporation reports the premiums as W-2 wages. The premium payments are included in wages for income tax withholding purposes on the shareholder-employee's Form W-2, but are not wages subject to Social Security and Medicare taxes if the requirements for exclusion under section 3121(a)(2)(B) are satisfied. You then are required to include the amount of the accident and health insurance premiums in gross income under § 61(a).

  3. You claim the offsetting deduction on your personal return. Publication 502 confirms: if you were self-employed and had a net profit for the year, you may be able to deduct, as an adjustment to income, amounts paid for health insurance on behalf of yourself, your spouse, and your dependents — for this purpose you were self-employed if you received wages from an S corporation in which you were more than a 2% shareholder, and the insurance plan must be established under your trade or business, with the deduction capped at your earned income from that trade or business.

Example (illustrative)

Say your S corporation pays $12,000 in premiums directly to the insurer for your family's coverage. The corporation reports that $12,000 as additional W-2 wages to you (income-tax wages, not necessarily FICA wages). You report the $12,000 as income, then deduct it back out as a self-employed health insurance deduction on Schedule 1, as long as your W-2 wages/earned income from the S corp are at least $12,000.

Risks and limits

  • The deduction is not allowed to the extent it exceeds the earned income derived by the taxpayer from the trade or business with respect to which the plan is established.
  • The deduction is not allowed for amounts during a month in which the taxpayer is eligible to participate in any subsidized health plan maintained by an employer of the taxpayer or of the spouse of the taxpayer.
  • The Code itself confirms this doesn't help self-employment tax: the deduction rules address income tax only, and § 162(l) computations for wages of S corp 2% shareholders are separately addressed at IRC § 162(l)(5).
  • If you're claiming a Marketplace premium tax credit, use IRS Publication 974's coordination worksheets, since specified premiums interact with the credit under Treas. Reg. § 1.162(l)-1 (last amended 2017).

In practice

This mechanism gets you a personal above-the-line deduction that offsets the wage income — it does not create a separate corporate deduction reducing S-corp net profit beyond the wage expense already reported. It doesn't erase self-employment/FICA-equivalent exposure and requires careful W-2 reporting each year; missing the "established by the corporation and reported as wages" steps forfeits the deduction entirely per the examples in Notice 2008-1.

Given the wage-reporting mechanics and coordination with any premium tax credit, it's worth having a CPA confirm your payroll reporting and worksheet calculations match your specific facts.

Sources relied upon

  1. IRS guidance Notice 2008-1 — Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees · see it highlighted in context · official source ↗
    “Section 106 provides an exclusion from the gross income of an employee for employer-provided coverage under an accident and health plan. A 2-percent shareholder is not an employee for purposes of §106. Treas. Reg. §1.106-1; section 1372(a).”
  2. IRS guidance Notice 2008-1 — Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees · see it highlighted in context · official source ↗
    “Accident and health insurance premiums paid or furnished by an S corporation on behalf of its 2-percent shareholders in consideration for services rendered are treated for income tax purposes like partnership guaranteed payments under § 707(c) of the Code. Rev. Rul. 91-26, 1991-1 C.B. 184.”
  3. IRS guidance Notice 2008-1 — Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees · see it highlighted in context · official source ↗
    “A plan providing medical care coverage for the 2-percent shareholder-employee in an S corporation is established by the S corporation if: (1) the S corporation makes the premium payments for the accident and health insurance policy covering the 2-percent shareholder-employee (and his or her spouse or dependents, if applicable) in the current taxable year; or (2) the 2-percent shareholder makes the…”
  4. IRS guidance Notice 2008-1 — Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees · see it highlighted in context · official source ↗
    “The premium payments are 2 included in wages for income tax withholding purposes on the shareholder-employee's Form W-2, Wage and Tax Statement, but are not wages subject to Social Security and Medicare taxes if the requirements for exclusion under section 3121(a)(2)(B) are satisfied.”
  5. IRS guidance Notice 2008-1 — Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees · see it highlighted in context · official source ↗
    “The 2-percent shareholder is required to include the amount of the accident and health insurance premiums in gross income under § 61(a).”
  6. IRS publication IRS Publication 502 — Medical and Dental Expenses — Health Insurance Costs for Self-Employed Persons, p. 20 · see it highlighted in context · official source (p. 20) ↗
    “If you were self-employed and had a net profit for the year, you may be able to deduct, as an adjustment to income, amounts paid for health insurance (which includes medical, dental, and vision insurance and qualified long -term care insurance) on behalf of yourself, your spouse, your dependents, and your children who were under age 27 at the end of 2025. For this purpose, you were self-employed i…”
  7. IRS guidance Notice 2008-1 — Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees · see it highlighted in context · official source ↗
    “The deduction is not allowed to the extent that the amount of the deduction exceeds the earned income (within the meaning of section 401(c)(2)) derived by the taxpayer from the trade or business with respect to which the plan providing the medical care coverage is established. Section 162(l)(2)(A).”
  8. IRS guidance Notice 2008-1 — Special Rules for Health Insurance Costs of 2-Percent Shareholder-Employees · see it highlighted in context · official source ↗
    “Also, the deduction is not allowed for amounts during a month in which the taxpayer is eligible to participate in any subsidized health plan maintained by an employer of the taxpayer or of the spouse of the taxpayer. Section 162(l)(2)(B).”

Quoted passages are extracted verbatim from the source documents by the citation system — they cannot be fabricated by the AI.

General information for tax year 2025 — not tax advice for your situation, and no client relationship is created. Full disclaimer.
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