In an age of constant digital threats, protecting your business from the financial fallout of a data breach or cyberattack is no longer optional—it's a critical necessity. Cybersecurity insurance is a specialized policy designed to cover losses resulting from these incidents, including the costs of remediation, legal fees, and business interruption.
For accountants and business owners, it's essential to understand that the premiums paid for this coverage are a deductible business expense. This guide will clarify how to categorize cybersecurity insurance premiums in accordance with IRS rules and how to track them for accurate tax compliance.
The premiums you pay for cybersecurity insurance are an ordinary and necessary business expense. These costs are categorized under Insurance Expenses.
While the IRS publications do not specifically mention cybersecurity insurance, IRS Publication 535 allows for the deduction of premiums for insurance that covers business risks, such as theft, accidents, or similar losses. Cybersecurity insurance, which protects against losses from data theft and other digital incidents, falls squarely into this general principle.
To ensure compliance, it's crucial to understand how cybersecurity insurance is treated for tax purposes.
Like general liability or property insurance, cybersecurity insurance is a cost incurred to protect your business from financial harm. The premiums are part of the overall cost of insuring your business operations and are therefore deductible for tax purposes.
Suppose your business suffers a cyberattack and you file a claim. In that case, any reimbursement you receive from your insurance policy must be used to offset the deductible costs of the data breach. For example, if you incur $50,000 in forensic investigation fees and your insurance policy covers $40,000 of that cost, you can only deduct the remaining $10,000 as a business expense.
If you pay for a cybersecurity insurance policy that covers more than one year, you cannot deduct the entire premium in the year of payment. Publication 535 requires you to prorate the expense and deduct only the portion that applies to the current tax year.
To deduct your cybersecurity insurance premiums, you must report them correctly and maintain the required documentation.
For a sole proprietor filing a Schedule C (Form 1040), premiums for cybersecurity insurance are deducted on Part II, Line 15, Insurance (other than health).
You must have documentary evidence to substantiate your insurance expenses. Your records should include:
Fyle simplifies the management of your business insurance policies, ensuring every premium payment is captured, coded, and ready for tax time.