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March 17, 2022
Question

Lawsuit settlement from injury accident into TurboTax

  • March 17, 2022
  • 2 replies
  • 0 views

How do you input the injury accident lawsuit settlement into TurboTax. There was no back pay payment.

    2 replies

    March 19, 2022

    From Champ @Opus 17:

     

    Settlements are taxed or not according to the type of income they represent.  For example, a settlement for unpaid wages is taxed like wages.   Settlements for physical injury are not taxed. Settlements for emotional distress are not taxed if the emotional distress was related to a physical injury but are taxed if the injury was purely emotional.  Punitive damages and interest are taxable.  A settlement for physical damages to property is taxable if it exceeds your original cost to purchase the property.  Other settlements will follow the same general principles. 

     

    This IRS FAQ provides a good overview of this issue.

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    March 21, 2022

    @Nosmo55 wrote:

    How do you input the injury accident lawsuit settlement into TurboTax. There was no back pay payment.


    A settlement for physical injury is non-taxable.  If you received a 1099-MISC, we can suggest two ways to deal with it so the money is not taxable.  If you did not receive a 1099, you don't have to enter the settlement at all.  

    March 21, 2022

    @Opus 17 You mentioned two possible ways of handling this type of payment, but don't elaborate, are you able to in this forum?  The following is my particular situation.

    I received a 1099-MISC from a former employer, the signed settlement with the federal agency involved states that the payment is to "fully and finally resolve and settle all claims between them arising out of all claims, complaints, and actions Complainant has or may have against the Agency, including, but not limited to, claims under Title VII of the Civil Rights Act, as amended, claims of emotional distress, or physical injuries that allegedly arose from emotional stress, and any other federal or state claim, including both civil and criminal claims."   It isn't clear in TurboTax as to how I need to handle this.  1st: Is it taxable income?  At the time of the settlement it was clear that the agency did not want to go further with my EEOC complaint which was scheduled to be heard by an Administrative Judge with the EEOC, the Agency offered a settlement in lieu of that, I accepted (not because it was a great monetary amount, ($10,250.00) but because I felt I had proven the point I was trying to make and this allowed me to move on (I retired as a result of the harassment and violation of my rights under the Americans with Disabilities Act, the suit was brought after my retirement date, this was NOT for any lost compensation (wages).  2nd:  If the settlement turns out to be taxable, I paid $3,280.00 for representation, am I responsible for tax on that portion of the $10,250.00 as well as the $6,970.00 residual?   Thank you for any assistance you can provide me, I've had a very difficult time trying to resolve this, I typically do my own taxes with TurboTax, however if need be I may have to resort to a paid tax service to help resolve this depending on your suggestions.  (It is understood that this is NOT legal tax advice

    March 21, 2022

    @MarcoInTheSprings 

    Your situation differs considerably from the prior poster.

     

    Your settlement is taxable, because it does not arise from a physical injury or other physical damages to property.  It's not earned income (not wages) but it is taxable.  The entire $10K settlement is taxable income to you, regardless of your legal costs.

     

    However, you are allowed to deduct your legal expenses only in the case of unlawful discrimination (which this is).  You need to enter the 1099-MISC as other taxable income.  To subtract the legal fees, you need to make a manual entry on one of the tax forms, since this type of expense is not included in the guided interview.

     

    To make the manual entry, you need to be using Turbotax installed on your own computer (Mac or PC) from a download or CD.  Manual entry is not allowed with Turbotax online.  If you have been using the online program, you can download your tax data file and open it with Turbotax once you have installed it, so you don't have to start from scratch.

     

    Here are two explanations of how and where to enter unlawful discrimination claims, both are correct although one is from a prior year (the program works the same this year). 

    https://ttlc.intuit.com/community/taxes/discussion/above-the-line-deductions-for-legal-fees/00/1210100

     

    https://ttlc.intuit.com/community/tax-credits-deductions/discussion/legal-fees-related-to-unlawful-discrimination-claims/00/2577595