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New Member
posted Apr 17, 2020 7:03:21 PM

Hi I have a settlement from a class action lawsuit and half is being taxed with a w2 with payroll and income taxes and the other half is being taxed as 1099 liquidated damages, penalty and interest. W

The suit was with a previous employer

0 3 606
3 Replies
Level 15
Apr 17, 2020 7:15:46 PM

Without knowing the details of the settlement that should be available to you, I can only guess that the amount on a W-2 is for wages that were not paid so they are now treated as wages that you should have received and are taxed as such, and the amount on the 1099-MISC is for damages in excess of wages that is taxed as miscellaneous income.

New Member
Apr 17, 2020 7:41:53 PM

@macuser_22  How much is the tax rate for the 1099-misc? I’m trying to find out how much I will actually be receiving from the settlement after taxes

Level 15
Apr 17, 2020 7:54:22 PM

If miscellaneous income in box 3 then it is simply taxed as ordinary income at whatever your tax rate is based on all of your income.