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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.
It's Usually Ordinary Income The tax rate depends on your tax bracket. As of 2018, you're taxed at the rate of 24 percent on income over $82,500 if you're single. If you have taxable income of $82,499, and you receive $100,000 in lawsuit money, all that lawsuit money would be taxed at 24 percent.
Notably, any amount of a settlement payment for damages with respect to personal injury or death is exempt from tax. However, if an amount awarded for damages is held in a deposit account and interest accrues on that amount before it is paid out, that interest is taxable as 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.
If you receive money from a lawsuit judgment or settlement, you may have to pay taxes on that money. After you collect a settlement, the IRS typically regards that money as income, and taxes it accordingly. However, every rule has exceptions. The IRS does not tax award settlements for personal injury cases.
Paying Taxes on Lawsuit Settlements: When Not to Pay If you have received settlement money, and you have not been required to pay taxes, you may be wondering why. According to the Income Tax Act of 1985, pain and suffering damages are not taxable.
As a general rule, almost all settlement payments in an employment lawsuit are includable in the plaintiff's taxable income (subject to limited exceptions for physical injuries and medical expenses)but this does not mean that the settlement funds are subject to income tax withholding.
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