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Nexym
Home»Finance»Personal Finance»How to decrease or eliminate your tax burden on lawsuit settlements
Personal Finance

How to decrease or eliminate your tax burden on lawsuit settlements

Eliott BertholdBy Eliott BertholdSeptember 8, 20225 Mins Read
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Learn areas to reduce or eliminate your tax obligation when you receive a settlement.
Reduce or eliminate taxes on lawsuit settlement money.
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An amazing feeling might come from winning or resolving your lawsuit. Most individuals believe that the remainder is theirs to retain once the settlement funds have been received and the associated legal costs have been paid.

On the other hand, taxes may apply to some settlements. Unfortunately, many people are unaware of this until the following tax season, by which time a significant amount of the money has already been spent.

This article will teach you how to lessen or completely eliminate the possibility that you’ll have to pay taxes on a lawsuit settlement, saving you from an unpleasant, unexpected tax payment.

Working with a financial expert will help you make the most of a large sum of money that you unexpectedly receive.

Unless there is a special exemption, all payments from any source are regarded as gross income under Internal Revenue Code Section 61. It might be challenging to determine whether or not your award is taxable when you win a settlement without looking at the specifics.

Taxable Items

Learn areas to reduce or eliminate your tax obligation when you receive a settlement.
Taxable items on lawsuits

These common elements that affect taxability are highlighted in the following list:

Punitive damages: Punitive damages are subject to tax. Punitive damages against the defendant may be awarded in some verdicts and agreements. The plaintiff may receive a significant settlement as a result of these losses. There may be significant taxes due because the full punitive damages award is taxable.

Medical costs: As long as you didn’t deduct associated medical fees from your taxes the previous year, awards for medical expenses are not taxable. According to the IRS “tax benefit rule,” if you deducted them from your income last year, you must pay taxes on that sum this year.

Sickness or physical injury: The IRS does not view settlements for physical harm or illness when you can show “observable bodily harm” as taxable income.

1099 Income: Decide whether the defendant will provide a Form 1099 before you sign the settlement agreement. Negotiate the 1099 income to be less than your real settlement amount if they want to issue one.

Payment amounts: If you receive a sizeable taxable settlement, your income may go into a higher tax rate. You can lower the amount of income liable to the highest tax rates by distributing your settlement payments across a number of years.

Contingency fees: Legal expenses won’t influence your taxable income if your settlement is not taxable. Cases involving accidents and injuries, such as slip-and-fall incidents and worker’s compensation claims, are not included. Even though the defendant pays your lawyer directly in taxable settlements, you can still be responsible for paying taxes on the entire amount.

Damage allocation: You can bargain to have a larger chunk of the settlement go into non-taxable award categories during settlement talks. Increase the payout for physical illnesses and injuries, for instance, and reduce the amount for emotional distress.

Capital gains: You might be able to classify a portion of your settlement as capital gains depending on the specifics of your claim. You might be able to classify the settlement as capital gains if you sued for damage to your house or factory while operating a business. As an alternative, your settlement can be eligible for tax basis recovery, which is not considered income.

Emotional distress: If you receive compensation for mental distress that wasn’t the result of an accident-related illness or injury, you’ll have to pay taxes on the money.

Quick Tips

Learn areas to reduce or eliminate your tax obligation when you receive a settlement.
Quick tips to reduce taxes on lawsuits

There are many aspects of the litigation itself as well as the state you are in that impact whether or not you will have to pay taxes on the money you receive in settlement.

Because there are so many subtleties, we advise that you consult with a lawyer and a tax expert to find out which laws apply to your particular circumstance.

Speaking with these experts could teach you how to keep more of the money from a lawsuit settlement for yourself by avoiding paying taxes on it.

Whether you invest full-time or just occasionally to augment your income, you must pay taxes.

However, predicting the amount of those taxes might be difficult. Based on your income, location, filing status, and common deductions, our income tax calculator can help you calculate the amount of taxes you owe.

Getting a settlement can change your life and be a great first step in fixing a problematic circumstance. If you can invest this money effectively, it might provide you with financial security for the rest of your life.

You can develop a strategy to build your money intelligently to suit your requirements and goals with the aid of a financial counselor.

Finding a competent financial advisor doesn’t need to be a difficult task.

You can take advantage of the SmartAsset which connects you with up to three local financial advisors, and you can interview your advisor matches for free to choose which one is best for you.


Nexym's editorial team handpicks all of the products and services it recommends, regardless of external influences. Affiliate links appear in some of our stories. We may receive an affiliate commission if you purchase something through one of these links, which helps us stay independent and support our great team.

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Eliott Berthold

Eliott is a Nexym Finance writer. He runs several high yielding portfolios for American and international clients. He teaches first and second year Finance at various universities and enjoys golf and competitive running.

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