KrisD15
Expert Alumni

Retirement tax questions

You should have received a 1099-MISC from the attorney. 

Please enter that under "Income" 

Other Common Income

Income from Form 1099-MISC

Be sure to select "This was money from a lawsuit settlement" on the "Does one of these uncommon situations apply?" screen 

 

No, that is not completely true. The settlement will be free from Self-Employment tax (or FICA TAX) but will be taxable income as far as Income tax is concerned. 

 

Additionally, unless the lawsuit is related to your business, the attorney fees cannot be deducted. 

 

Yep, you pay tax on the income your attorney took. 

 

According to the IRS:

"Generally, individuals, as cash basis taxpayers, may deduct attorneys‟ fees in the year they are paid, assuming the attorneys‟ fees otherwise qualify as deductible"

 

This means, if they are allowed to be deducted, you can deduct them. 

But they aren't, unless you are Self-Employed. 

(There was a time when a Taxpayer could possible deduct these fees, but not for tax year 2021)

 

IRS LINK

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"