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Level 2
March 25, 2024
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Lemon Law settlement TAXABLE ?

  • March 25, 2024
  • 1 reply
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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.

    Best answer by MarilynG

    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

     

    1 reply

    MarilynG
    MarilynGAnswer
    Level 15
    March 25, 2024

    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
    March 25, 2024

    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
    Level 15
    April 1, 2024

    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"