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Level 2
Mar 25, 2024 5:15 PM UTC
Solved

Lemon Law settlement TAXABLE ?

I won a lemon law settlement of 45,000 ( $28,500 actual damage + $16,500 additional damage ( $30,000 x 55%) . It was on the check, $45,000.  The attorney  firm got $13,500 ($30,000 x 45%).  I was able to KEEP the car.  I originally bought the car for 28,500.  What do I pay tax on? 

 

My case was I KEPT the car. 

Do I have to pay tax on $45,000 or on $16,500 ? 

 

Please help me.

    MarilynG
    MarilynGAnswer
    Alumni - Intuit
    Mar 25, 2024 5:31 PM UTC

    Generally, any proceeds above the price you paid for the car are considered Capital Gains. 

     

    Here's more info on Taxability of Settlements and How Capital Gains are Taxed, 

     

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

    6 replies

    MarilynG
    MarilynGAnswer
    Alumni - Intuit
    Mar 25, 2024 5:31 PM UTC

    Generally, any proceeds above the price you paid for the car are considered Capital Gains. 

     

    Here's more info on Taxability of Settlements and How Capital Gains are Taxed, 

     

    **Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"
    tamtrinhAuthor
    Level 2
    Mar 25, 2024 7:24 PM UTC

    Hi Marilyn, 

    My case was I kept the car. The proceed was $45,000 ( the amount I got on my check), the price I paid was $28,500. Therefore the capital gain will be $16,500. Is it correct? 

     

    Thank you.  

    MarilynG
    Alumni - Intuit
    Apr 1, 2024 11:51 PM UTC

    Yes, that's correct.

     

    Here's more discussion on Lemon Law Settlements. 

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