Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
Twomonsters
Level 1

Received a W2 and 1099-Misc for a settlement?

Hey guys so I'm a bit confused. So my wife got a settlement from a class action lawsuit in 2020. All of the settlement was taxed. We received a W2 for the settlement that shows the taxes deducted. We also received a 1099-MISC for the same amount minus a penny. When I input the MISC form into turbo tax it takes a chunk of my refund away. It feels like I would be getting taxed twice on this amount. Any help would be great!! 

7 Replies
ToddL99
Expert Alumni

Received a W2 and 1099-Misc for a settlement?

If the Form W-2 and the Form 1099-MISC both reported the same payments, then you will have to make an adjusting entry to prevent double-counting the income.

 

First, enter the W-2 in the Wages and Salaries interview of Federal Taxes > Wages and Income (or Personal Income). Enter it exactly as it was sent to you to ensure you get credit for the taxes withheld.

 

Then, enter the Form 1099-MISC in the Income from 1099-MISC interview in Wages and Income > Other Common Income.

Do NOT say the income was related to your work or career, that it involved an intent to make money or that it had been received in the past or expected in the future. Answering "Yes" to any of these questions will trigger self-employment taxes.

 

Finally, go to the Other Reportable Income interview, the very last interview in Wages and Income  (Federal Taxes   >  Wages & Income >  Less Common Income  >  Miscellaneous Income ). (Or enter "other reportable income" in the Search Box and select "jump to other reportable income"). These payments are NOT wages).

 

Enter the amount reported on the 1099-MISC as a negative number. This will cancel out the earlier 1099-MISC entry.

 

 

 

Twomonsters
Level 1

Received a W2 and 1099-Misc for a settlement?

So I ended up deleting the return and starting over. So you are saying that I don't need to put in the MISC form into my return? I think that's what I get from you post, thanks for the help.

JohnB5677
Expert Alumni

Received a W2 and 1099-Misc for a settlement?

That is incorrect.  You initially have to enter the 1099-MISC as income.  That form is reported to the IRS and they will be looking for it to be posted.  Todd gave you excellent directions on how to negative it out to become a net zero income.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
atels
Level 1

Received a W2 and 1099-Misc for a settlement?

Hi, similar situation - a little confused. Received equal amounts as back pay and as part of the settlement. They are showing as other income on the 1099-MISC and W2 correctly. Should I check yes or no when it asks" Was any part of the lawsuit settlement for back wages?" Your prior answer makes it sounds like no....

JeffreyR77
Expert Alumni

Received a W2 and 1099-Misc for a settlement?

If your settlement included back pay, your answer should be yes. 

 

The W2 reported amounts are the back pay portion and include the appropriate amount of tax withholding. 

 

The 1099-MISC reported amount is the amount attributable to the attorney fees amounts and other settlement fees. These should not be arbitrarily subtracted out - they do not represent the same settlement as the W2 amounts even if the dollar amounts may be the same. 

 

You may have some deductible expenses to offset these settlement fees, but in general your attorney fees are not deductible expenses on Schedule C. 

 

They may be deductible as Itemized Deductions on Schedule A.  

 

How Do I Report Legal Fees From Form 1099-MISC

 

 

atels
Level 1

Received a W2 and 1099-Misc for a settlement?

Thanks, one follow up - the settlement will be taxed?

DianeW777
Expert Alumni

Received a W2 and 1099-Misc for a settlement?

Yes, it will be taxed.  One thing I want to clear up about the legal fees as well.  After 2017, with the enactment of the Tax Cuts and Jobs Act (TCJA), there are not miscellaneous deductions available in the category for legal fees.  There will be no deduction for those fees for 2020.

 

@JeffreyR77 is providing the correct information about the Form 1099-MISC income. "The 1099-MISC reported amount is the amount attributable to the attorney fees amounts and other settlement fees. These should not be arbitrarily subtracted out - they do not represent the same settlement as the W-2 amounts even if the dollar amounts may be the same."   (The link is referring to another tax year.)

 

 

Dynamic AdsDynamic Ads
Privacy Settings
v