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I won a lawsuit against my former employer in Sept. 2016. as I am now permanently disabled. I believe it is not taxable. Is this considered income as I was 63 when it started? nsion

 
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DDollar
Expert Alumni

I won a lawsuit against my former employer in Sept. 2016. as I am now permanently disabled. I believe it is not taxable. Is this considered income as I was 63 when it started? nsion

It depends.  According to the tax code, the only damages you can enjoy tax-free are those that compensate you for physical injury or physical sickness. (26 U.S.C. § 104(a).) So if this describes your case it is not taxable.

There are other reasons for awarding money damages besides compensating you for physical injury or sickness. For instance, let's say you had filed a discrimination claim against a former employer and won. You receive an award for back pay and for emotional distress arising out of this traumatic experience. Because none of this award relates to physical harm, almost all of it is taxable at ordinary income rates.

Another type of award is known as "punitive damages," which are intended to punish the defendant. Even if the underlying case resulted from injury or sickness, these damages are almost always taxable.


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DDollar
Expert Alumni

I won a lawsuit against my former employer in Sept. 2016. as I am now permanently disabled. I believe it is not taxable. Is this considered income as I was 63 when it started? nsion

It depends.  According to the tax code, the only damages you can enjoy tax-free are those that compensate you for physical injury or physical sickness. (26 U.S.C. § 104(a).) So if this describes your case it is not taxable.

There are other reasons for awarding money damages besides compensating you for physical injury or sickness. For instance, let's say you had filed a discrimination claim against a former employer and won. You receive an award for back pay and for emotional distress arising out of this traumatic experience. Because none of this award relates to physical harm, almost all of it is taxable at ordinary income rates.

Another type of award is known as "punitive damages," which are intended to punish the defendant. Even if the underlying case resulted from injury or sickness, these damages are almost always taxable.


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