No, you did not mistakenly receive the attorney's copy. Generally, money paid to an attorney in a lawsuit is taxable income to the individual seeking settlement.
Gross proceeds paid to attorneys. - Instructions for who must file Form 1099-MISC
Under section 6045(f), report in box 10 payments that:
- Are made to an attorney in the course of your trade or business in connection with legal services, but not for the attorney’s services, for example, as in a settlement agreement;
- Total $600 or more; and
- Are not reportable by you in box 1 of Form 1099-NEC.
Generally, you are not required to report the claimant's attorney's fees. For example, an insurance company pays a claimant's attorney $100,000 to settle a claim. The insurance company reports the payment as gross proceeds of $100,000 in box 10. However, the insurance company does not have a reporting requirement for the claimant's attorney's fees subsequently paid from these funds.
These rules apply whether or not:
- The legal services are provided to the payer;
- The attorney is the exclusive payee (for example, the attorney's and claimant's names are on one check); or
- Other information returns are required for some or all of a payment under another section of the Code, such as section 6041.
If you are not in business as an attorney, and if you received some type of settlement, then it is income to you as miscellaneous income.
You can use the following steps to enter your income in this situation where the income is not reported on Form 1099-NEC as self-employment:
- Sign into your TurboTax account > Select Tax Home > Wages and Income > Scroll to Less Common Income
- Select Miscellaneous Income, 1099-A, 1099-C, Start or Revisit > Other reportable income, Start or Revisit
- Any other taxable income answer yes > Enter your description and amount
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