No 1099-R received for settlement check

[DRSmith4health]

Good afternoon,

I received a check for $91.69 in December of 2022 for a class action settlement.  I just realized that I did not get a 1099-R for this payment.  I called the company that issued the check and was told that I do not have to report transactions under $200.00 per the settlement agmt.  Is this true?  I am assuming that IRS doesn't know about this payment if no 1099-R was issued.  Should I leave it alone or report it?

Thank you.

[DaveF1006]

Assuming it is a part of a settlement agreement and for such a small amount, i would leave it off your return. i don't think no one would chase you down and hog-tie you for that small amount, particularly the IRS. 

[DRSmith4health]

Hello DaveF1006

Thank you for your thoughts, Dave!  That was my gut feeling too.

[DRSmith4health]

Hi DaveF1006,

I saw the question you asked about the defendants in my email, but cannot find that post in the feed.  It was a 401-K class action lawsuit between my former employer, a major bank, and the Dept. of Labor.  Are the defendants important?  According to the payor, the reporting threshhold was part of the settlement agreement.

Thanks again.

[MonikaK1]

If you were going to report the amount as if you received a Form 1099-R, you could prepare a substitute form in TurboTax.

Here are the steps:

In TurboTax online,

• Sign in to your account and select Pick up where you left off
• At the right upper corner, type in 1099r, then Enter
• Select Jump to 1099r
• Follow prompts
• Next screen, Choose your bank or brokerage, select I'll type it in myself
• Follow prompts.  On the screen "Tell us if any of these uncommon situations apply" 
• Check the box I need to prepare a substitute 1099-R and follow the prompts.  

However, if the amount you received constitutes damages rather than a retirement distribution, then follow the terms of the settlement. Compensatory damages might not be taxable but punitive damages are normally taxable.

For more information, see this help article.

See also IRS Publication 4345 for more information.

[DRSmith4health]

Hi MonikaK1,

Thank you for your help.