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mtf1
Level 1

Whistleblower award and state income tax

If a whistleblower receives an award from a state that has a personal income tax but the receiver lives and is domiciled in a non-personal income tax state, is the award taxable to the awarding state?

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8 Replies

Whistleblower award and state income tax

Federal yes. what state since everyone is different ?

mtf1
Level 1

Whistleblower award and state income tax

NYS false claim whistleblower award. Thanks. 

Whistleblower award and state income tax

this is from NYS website

IT-203 nonresident and part-year resident income tax return information
You must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return, if you:

were not a resident of New York State and received income during the tax year from New York State sources, or
moved into or out of New York State during the tax year.
You are subject to New York State income tax on:
Income you received from New York sources while you were a nonresident.

 

this would indicate it's taxable 

mtf1
Level 1

Whistleblower award and state income tax

Thanks. I had also read that previously but wouldn’t you expect to see guidance specific to whistleblower awards? I cannot find even one article on the internet that deals with this subject!

Whistleblower award and state income tax

as a general rule of US taxation which also applies at the state levels is all income is taxable unless specifically excluded. I could not find anything to specifically exclude a whistleblower award. however, sometimes that are specific rulings or positions taken that are not formally put into the general income tax rules. so it is possible that NYS might exclude the amount from taxation. it is certainly taxable for US tax purposes.

 

see this article - doesn't address the NYS question

https://www.hodgsonruss.com/blogs-whistleblowerblog,whistleblower-proceeds-taxable-income#:~:text=Wh... 

 

 

you could call the NYS Department of Revenue to get an answer. However, believe it or not, there's no guarantee you'll get a correct answer. if the agent tells you it's not taxable but it really is the state is not bound by what the agent tells you.

 

also true if you ever call the IRS and get a wrong answer. the IRS is not bound by it. 

 

if you got the award in 2021, you'll know for certain it's taxable if NYS issues you a 1099

 

 

 

read the following to see if you can exclude any attorney fees paid from the award

 

IRC section 62 (a)

For purposes of this subtitle, the term “adjusted gross income” means, in the case of an individual, gross income minus the following deductions:

62(a)

(21)Attorneys’ fees relating to awards to whistleblowers
(A)In general
Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award under—
(i)section 7623(b), or
(ii)in the case of taxable years beginning after December 31, 2017, any action brought under—
(I)section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u–6),
(II)a State false claims act, including a State false claims act with qui tam provisions, or
(III)section 23 of the Commodity Exchange Act (7 U.S.C. 26).

 

mtf1
Level 1

Whistleblower award and state income tax

Thanks very much! I had called NYS previously and they said it was taxable. But you’re right when you say they might not give the correct answer. It didn’t sound like well researched. The HogsonRuss article was helpful. If I could just find a similar article that discusses state taxes! If you or anyone else locates one, I would be so grateful if you post it here. Thanks again!

mtf1
Level 1

Whistleblower award and state income tax

To Mike9241: can you please take a look at this article I just spotted and give me your opinion? Thanks!

mtf1
Level 1

Whistleblower award and state income tax

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