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skpeary
New Member

Wife had to have a hysterectomy due to failure of a birth control device and received a settlement with the manufacture because of it. Is it Taxable?

no 1099 form recieved for the settlement amount.   Also this wasn't a class action lawsuit if that makes a difference.  In all the paperwork received it speaks nothing about the taxability of it in fact has some legal speak as to not giving advice on it to clear them from any responsibility on informing us.
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1 Reply
DianeW777
Expert Alumni

Wife had to have a hysterectomy due to failure of a birth control device and received a settlement with the manufacture because of it. Is it Taxable?

It depends. If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.

 

But.. If you receive a settlement for personal physical injuries or physical sickness, you must include in income that portion of the settlement that is for medical expenses you deducted in any prior year(s) to the extent the deduction(s) provided a tax benefit. If part of the proceeds is for medical expenses you paid in more than one year, you must allocate on a pro rata basis the part of the proceeds for medical expenses to each of the years you paid medical expenses. See Recoveries in Publication 525 for details on how to calculate the amount to report. The tax benefit amount should be reported as “Other Income” on line 8z of Form 1040, Schedule 1.

 

Tax benefit rule.  IRS Publication 525 (page 24)

You must include a recovery in your income in the year you receive it up to the amount by which the deduction or credit you took for the recovered amount reduced your tax in the earlier year. For this purpose, any increase to an amount carried over to the current year that resulted from the deduction or credit is considered to have reduced your tax in the earlier year.

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