How to determine if a Class Action settlement is taxable

[splasher]

I received a settlement for the Philips CPAP recall for ~$170.  In the comments at the bottom it states:

"We cannot provide individual tax advice regarding this distribution" and state to consult a tax advisor.  That sounds like a bunch of CYA mumbo-jumbo and they should know if it is taxable or not.

How does a person determine the tax-ability of such a payment?  I read in other threads that if it is taxable, to enter it using a Form 1099-INT.

Now, $170 is no big deal, but why pay tax on it if it isn't necessary?  The tax on it sure isn't going to break me, I just don't want to get audited over such a meager amount.

Thanks in advance.

[Bsch4477]

Payments from the Philips CPAP recall settlement are considered reimbursement and are not taxable. The settlement is for economic loss and is intended to reimburse users for the purchase of defective CPAP machines

[tagteam]

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[splasher]

@Bsch4477 Thanks for your response.  It makes sense to me.  What irritates me is that the settlement group doesn't tell you if it is taxable.  That would be like the documentation in a corporate spinoff not providing information about whether it is a taxable event.

[Opus 17]

I have a different view.  The settlement is not taxable unless it is more than your loss.  If you got the CPAP for free from your medical insurance company, then the settlement is taxable.   Or if the total payments are more than your co-pays were.  And if you bought the CPAP yourself, but with tax-free funds like from an FSA or HSA, or took an itemized tax deduction for medical expenses on schedule A,  then you may have a taxable recovery.  That's why they can't give you an exact answer.  

More specifically, you probably already received the payment that Phillips voluntarily made, although I forget how much that was.  And you might have gotten your CPAP for free or for co-pays, or you paid full price.  You need to look at the total picture, add everything up, and go from there.

For example, I paid about $800 for my DS1 before insurance kicked in, and I used HSA funds to reimburse myself.  Because I used tax-free money from the HSA, I have three options for the payment.

a. Declare it as taxable income (called a taxable recovery, or a reimbursement of previously tax-free item or tax deduction).

b. Re-deposit the money in the HSA (if they will accept it).

c. Use the money for medical expenses in the current year and not seek FSA or HSA reimbursement.

On the other hand, I also bought a DS Go out-of-pocket without using any tax-free benefit (no insurance coverage and no HSA or FSA).  Any payments I get for the DS Go are tax free unless the total is more than the original cost.  

Or as a third example, suppose you got your Philips CPAP for free via insurance, but you had to pay out of pocket for a replacement unit from a different manufacturer because insurance will over cover one CPAP every 5 or 10 years.  Your loss is the cost of the new machine, so the reimbursement is not taxable even though the original machine was tax-free. 

[Opus 17]

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@Bsch4477 wrote:

Payments from the Philips CPAP recall settlement are considered reimbursement and are not taxable. The settlement is for economic loss and is intended to reimburse users for the purchase of defective CPAP machines

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You neglected to consider the effect of insurance coverage.  Many CPAP users will have had partial or full insurance coverage for their machines.

[splasher]

@Opus 17 Thanks for your response.

Considering your conditions, it turns out it is still non-taxable.  My out of pocket co-pay (non-HSA/FSA) was greater than the amount of the settlement and the $50 original return of device payment.

Your response explains the settlement disclaimer, I hadn't thought of all the types of funds that could have been used to pay for the device.

[bamafan4]

So along these same lines, I received a settlement check stemming from a class action against Inovio Pharmaceuticals. The settlement was for far less than the loss I sustained due to the drop in the stock price. I have claimed that loss on previous tax returns to offset other capital gains. If the amount of taxes offset by the sale of the stock plus the settlement amount is less than my total loss, the settlement does not need to be reported, Correct?

[Opus 17]

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@bamafan4 wrote:

So along these same lines, I received a settlement check stemming from a class action against Inovio Pharmaceuticals. The settlement was for far less than the loss I sustained due to the drop in the stock price. I have claimed that loss on previous tax returns to offset other capital gains. If the amount of taxes offset by the sale of the stock plus the settlement amount is less than my total loss, the settlement does not need to be reported, Correct?

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Not if I understand what you did.  It's a long term capital gain in your case.  Because you sold the stock and realized a loss, and got a tax benefit from the loss, the payment is a capital gain, as if you sold the stock for more.

You can't deduct a loss on a stock unless you sell it, of course.  The lawsuit would have stated, some bad actions damaged the stock price, and if not for the bad actions, the price would have been higher.

So suppose you bought the stock for $1000 and sold for $500, you have a $500 loss.  You get paid $250.  the argument now is, if not for the mismanagement, you would have sold for $750 and realized only a $250 loss.  Since you realized the $500 loss and are now being paid $250, you must treat that as a capital gain, to put you in the position you would have been (both income and tax) if the selling price had been higher.

[bamafan4]

Thanks for your response. I retained some of the INO stock (it's basically worthless) and have sold it incrementally the past couple of years to offset other gains. I assume I can sell more to achieve a loss equal to the settlement and basically zero out any tax liability.

Again, thanks for your help.