Can the California franchise tax board levy state disability checks?

Answer 1

Let me rephrase your question so that you can be sure my answer actually addresses what you want to know: "Must I pay taxes in the State of California on disability claim checks I receive from the California State Disability Insurance (CA SDI) program?"

In reference to CA SDI claim checks, no the amount you receive is not taxable, with only one exception: a person with a disability who is unemployed and would otherwise be eligible for CA State Unemployment Insurance (CA UI) benefits but whose circumstances/CA SDI rules allow them to defer filing for CA UI and instead file for CA SDI (which has a higher cap on benefit payments relative to UI so one would end up getting more money on SDI) must pay taxes on CA SDI payouts received.

If you're not unemployed, meaning once you recover from your disability you have the legal right to return to your job, then the State of California will not tax your disability claim checks. If you become unemployed while receiving disability from the State (your employer can legally separate you from employment even while disabled if your position was part of a company downsizing at anytime and also after the period defined for State Medical Leave has passed, I don't know the length of that period you'd have to research it) your tax status may change and I can't find any definitive answers about what happens then. You'd likely have to call either the FTB or the CA SDI directly to ask.

Source: http://www.edd.ca.gov/Disability/FAQs_for_Disability_Insurance.htm#Benefits

The rationale behind the non-taxability of CA SDI claims simply relates to the concept of dual-taxation, meaning law prohibits you from being taxed twice on something. And if you look at your pay stub, you'll see there's a CA SDI tax line item in most instances. So you've actually already paid your tax. That's why I always encourage people who are going to be out of work for more than a month due to documented injury, illness or other disability, to file for SDI because you're entitled to it, you've paid for it, you should use it. Not all HR departments proactively mention SDI to employees leaving on disability - they are not legally bound to do so - which sucks.

Note: This information applies only to those disability claim checks issued by the CA State Disability Insurance program. Private insurance disability claim checks ARE taxable.