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I was in car accident 2 years ago, and I got an injury settlement from the insurance company last year. Do I have to claim that settlement income as a taxable income?

 
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1 Reply
MinhT1
Expert Alumni

I was in car accident 2 years ago, and I got an injury settlement from the insurance company last year. Do I have to claim that settlement income as a taxable income?

It depends on whether you had previously claimed medical expenses related to the injury as Itemized deductions.

 

The law says:

 

Personal physical injuries or physical sickness 

 

‧ If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income. 

 

–BUT– 

 

‧ If you receive a settlement for personal physical injuries or physical sickness, you must include in income that portion of the settlement that is for medical expenses you deducted in any prior year(s) to the extent the deduction(s) provided a tax benefit. If part of the proceeds is for medical expenses you paid in more than one year, you must allocate on a pro rata basis the part of the proceeds for medical expenses to each of the years you paid medical expenses. See Recoveries in Publication 525 for details on how to calculate the amount to report. The tax benefit amount should be reported as “Other Income” on line 8z of Form 1040, Schedule 1.

 

Please read this IRS document for more information.

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