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Generally, if a claim arises from acts performed by a taxpayer in the ordinary course of its business operations, settlement payments and payments made pursuant to court judgments related to the claim are deductible under section 162.
The costs associated with hiring attorneys, defending a case, and paying for damages or a settlement can be exorbitant, and damage a company's profitability. The good news is these payments are generally tax-deductible business expenses.
The taxpayer will still be taxed on 100% of the settlement including the amount paid as the attorney's contingent fee however. The consideration of tax consequences does not apply strictly to plaintiffs, but defendants as well. Payments may be fully tax-deductible, partially deductible, or entirely non-deductible.
If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.
If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.
Taxes on Lawsuit Settlements. The tax liability for recipients of lawsuit settlements depends on the type of settlement. In general, damages from a physical injury are not considered taxable income. However, if you've already deducted, say, your medical expenses from your injury, your damages will be taxable.

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