Do I still enter as 1099misc or in the cap gain interview?
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Don't report this as a 1099-MISC, unless you get a 1099-MISC.
See the following FAQ on "Where do I enter an award from a taxable legal settlement?" Select "See entire answer", if it appears.
Where do I enter an award from a taxable legal settlement?
If you know how much of the settlement is capital gain and how much is interest income, you can also create a 1099-INT for the interest amount and a 1099-B for the capital gain portion, as if you received them from the Payer (stock issuer). Both approaches will work, but one is easier than the other.
Don't report this as a 1099-MISC, unless you get a 1099-MISC.
See the following FAQ on "Where do I enter an award from a taxable legal settlement?" Select "See entire answer", if it appears.
Where do I enter an award from a taxable legal settlement?
If you know how much of the settlement is capital gain and how much is interest income, you can also create a 1099-INT for the interest amount and a 1099-B for the capital gain portion, as if you received them from the Payer (stock issuer). Both approaches will work, but one is easier than the other.
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