I may receive a settlement, but the lawyers fees will be dramatically more than the settlement. The lawyer says it will be sent as a 1099, and that the lawyers fees will be included. The lawyer also says I can do an above the line deduction to remove or write off the lawyer fees. How accurate would this be? It's a settlement for a work related issue.
The total for the 1099 would be something like 20k, and I would hate to have to pay taxes on the whole thing. The taxes may end up being more than I actually make from the settlement.
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There's a difference between a lawyer and a tax professional. I would not expect a lawyer that does not deal with tax cases to be that familiar with current tax law. Therefore, consulting a tax professional may be in your best interest.
As to weather the legal fees are deductible or not, depends on what the settlement was for.
Some of it is confidential, but it wasn't sexual harassment or anything like that. It was more like an unpaid wages situation.
The only time legal fees are deductible "above the line" is a settlement for unlawful discrimination. But there are a lot of other factors to consider.
Settlements for physical injury are not taxable to begin with. Settlement for property damage is not taxable unless the recovery is more than the adjusted cost basis of the property. Settlements for pain and suffering are not taxable if the original injury was physical, but are taxable if the original cause was not a physical illness or injury. Settlement money for lost wages is taxable as wages and you should receive a W-2 with deductions for medicare and social security taxes.
Legal fees associated with most settlements are not deductible, so if you received $10,000 and had $5000 of legal fees, you are still taxed on the full $10,000 even though you did not receive it, and you may not net very much in the end. Legal fees for unlawful discrimination are deductible "above the line" and we can tell you where to do that in Turbotax. But it depends on what your settlement was for.
https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments
It was a wage claim, that the company basically did not pay what was owed. I was told that wage claims count as unlawful discrimination.
@SureJan85 wrote:
It was a wage claim, that the company basically did not pay what was owed. I was told that wage claims count as unlawful discrimination.
If they failed to pay you because they are cheap jerks who can't run a business, that's not discrimination. It's only unlawful discrimination if they failed to pay you specifically because of your membership in a protected class. Protected classes are, Age; Race; National Origin; Religious Beliefs; Gender ; Disability; Pregnancy; and Veteran Status.
@SureJan85 wrote:
It was a wage claim, that the company basically did not pay what was owed. I was told that wage claims count as unlawful discrimination.
Whoever told you that might be relying on Section 62 (specifically, Section 62(e)(18(ii).
See https://www.law.cornell.edu/uscode/text/26/62
Otherwise, your legal expenses would not be deductible (above the line or as an itemized deduction).
You might want to get some clarification on this and a statement in writing from the legal team that handled your case (and also consult with a local tax professional).
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