June 12, 2018
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Article Highlights:
Here are some commonly encountered situations and their taxability:
Prior to the passage of the Tax Cuts and Jobs Act (TCJA), legal costs associated with personal or employment-related legal actions could only be deducted as a miscellaneous itemized deduction on the employee’s Schedule A itemized deductions, reduced by 2% of the taxpayer’s adjusted gross income (AGI). However, the TCJA suspended the deduction for itemized deductions subject to the 2% of AGI floor for years 2018 through 2024. As a result, for those years, a taxpayer will have to include the full amount of the taxable settlement or award in income and will be unable to deduct the amount paid to the attorney.
So, don’t spend any of that settlement or award money before determining what the government’s cut is. Please call this office to see if you owe any taxes, determine if any actions can be taken to reduce the tax or determine if any pre-payments of tax need to be made.
- Physical Injury and Physical Sickness
- Wrongful Death
- Emotional Distress
- Previously Deducted Medical Expenses
- Employment Discrimination
- Age Discrimination
- Unpaid or Disputed Employment Earnings
- Interest
- Settlements
- Legal Costs
- The nature of the legal action,
- The type of award, and
- Whether a settlement occurred before trial
Here are some commonly encountered situations and their taxability:
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Age Discrimination
– Tax law doesn’t consider back pay or liquidated damages received under the Age Discrimination in Employment Act (ADEA) to be compensation for personal injuries; therefore, these payments are fully taxable.
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Emotional Distress
– Emotional distress isn’t considered a physical injury or physical sickness and is therefore taxable. However, if an amount of an award or a settlement is paid for medical care related to emotional distress, that amount may be excludable; see Medical Expenses below.
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Employment Discrimination
– No exclusion is allowed for damages received in a suit involving employment discrimination or an injury to reputation that is accompanied by a claim of emotional distress.
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Interest
– Interest that may be included in an award, even one for personal injury or sickness, is not excludable and must be included in gross income.
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Previously Deducted Medical Expenses
– Generally, when a settlement or award includes reimbursement for medical expenses – such as awards for physical injury, physical sickness and even emotional distress – that portion of the award is excludable. However, any portion of those expenses that was previously allowed as a medical deduction would be taxable.
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Punitive Damages
– Punitive damages are made as a punishment for unlawful conduct and are always taxable; they cannot be excluded from income like damages received due to personal physical injury or physical sickness, except as noted below for wrongful death.
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Wrongful Death
– Wrongful death is considered physical injury or physical sickness for purposes of the income exclusion. In addition, punitive damages are excludable where state law provides that only punitive damages can be awarded in wrongful death suits.
- Unpaid or Disputed Employment Earnings – Back pay, severance pay, overtime pay, etc., are all treated as W-2 type income and are both taxable and subject to payroll FICA withholding.
Prior to the passage of the Tax Cuts and Jobs Act (TCJA), legal costs associated with personal or employment-related legal actions could only be deducted as a miscellaneous itemized deduction on the employee’s Schedule A itemized deductions, reduced by 2% of the taxpayer’s adjusted gross income (AGI). However, the TCJA suspended the deduction for itemized deductions subject to the 2% of AGI floor for years 2018 through 2024. As a result, for those years, a taxpayer will have to include the full amount of the taxable settlement or award in income and will be unable to deduct the amount paid to the attorney.
So, don’t spend any of that settlement or award money before determining what the government’s cut is. Please call this office to see if you owe any taxes, determine if any actions can be taken to reduce the tax or determine if any pre-payments of tax need to be made.