Construction Class Action Lawsuit Settlement
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srm81
Returning Member

Construction Class Action Lawsuit Settlement

I received a class action settlement related to defective concrete. I have not received a 1099 and the settlement agency has stated they are not issuing 1099s. Is the settlement taxable and do I need to record this somewhere?

3 Replies
Opus 17
Level 15

Construction Class Action Lawsuit Settlement

Part of the settlement may be taxable if it is more than your actual loss.  Since I don't know what the harm was, I can't help you calculate that.  Your loss might be the cost of re-doing your work, or the decrease in value of a piece of property due to the defective concrete and likelihood of needing future repairs.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
srm81
Returning Member

Construction Class Action Lawsuit Settlement

Thank you for the quick reply. Our plan is to reseal the walkways, patio, driveway etc...We are waiting to get through winter before we begin the project (the settlement was in late September 2020). 

 

Would I just reduce my property basis after the cost of repairs?

Opus 17
Level 15

Construction Class Action Lawsuit Settlement


@srm81 wrote:

Thank you for the quick reply. Our plan is to reseal the walkways, patio, driveway etc...We are waiting to get through winter before we begin the project (the settlement was in late September 2020). 

 

Would I just reduce my property basis after the cost of repairs?


You would reduce your basis by the value of the settlement but you can increase your basis by the cost of the work. 

 

Or, since "repairs" don't normally increase cost basis, you could also express it as reducing the basis of the property by the amount of the settlement not spent on repairs.  Either statement has the same result, and comes from the viewpoint that the payment is for lost value, and how much value you actually lost depends on how fixable the damage is. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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