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settlement payment

HI, I filed a lawsuit against a person for harassment, assault and battery while working on a piece of property I own. The case was filed but before we went to court, they offered me a settlement and we dismissed the case. Going through the lawyers they gave me a check made out directly to me for $6000.00. Is this a taxable income and what IRS form to use? Thanks for any help.

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2 Replies

settlement payment

Most settlements are taxable income. You may receive a 1099 MISC form from the other party‘s attorney, or from an insurance company if the settlement was paid by insurance. Whether or not you receive a 1099 form, you would report this as other or miscellaneous income in TurboTax.

 

Settlements are not taxable to the extent that they reimburse you for physical injury or for actual damages to property. A settlement for pain and suffering would be taxable if the suffering was caused by a non-physical injury, but would not be taxable if the pain and suffering was caused by a physical injury.  Punitive damages are always taxable.

 

you mentioned harassment, assault, and battery. Possibly, a portion of the settlement would be non-taxable if it was compensation for a physical injury. However, if audited, you would need documentation to show how you allocated the damages to the physical injury. You might have medical bills, or you might have a summary statement from the attorney that describes what the payment is for. Without proof of physical damages to property or bodily injury, the IRS is likely to conclude that the entire settlement is taxable income. 

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