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April 5, 2022
Question

Do I get a QBI for a legal settlement?

  • April 5, 2022
  • 1 reply
  • 0 views
I have a legal settlement for unpaid back wages and related damages. TurboTax says I can get a Qualified Business Income deduction for this, but I have doubts, and I can't turn it off.

1 reply

April 5, 2022

A legal settlement for unpaid wages is not business income and is not eligible for the QBI deduction.

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April 5, 2022

I didn't think so, but I don't see any way of turning it off.

AliciaP1
April 5, 2022

I'm assuming you received a 1099-NEC for the back wages and you did not mark the entry that it should have been reported on a W-2.  Without this designation, TurboTax thinks you are a contractor with self-employment income.

 

To correct your 1099-NEC entry please follow these steps in TurboTax Online:

 

  1. Within your return in TurboTax Online search for Schedule C.
  2. Click the Jump to Schedule C link in the search results.
  3. If you get to a self-employment summary screen, delete the self-employment income line with the trash can icon.
  4. If you get to the question Did you have any self-employment income or expenses? answer No
  5. Click on Tax Tools on the left side of the screen.
  6. Click on Delete a Form
  7. Scroll down to your Schedule C and Schedule SE and click Delete if they are still there.
  8. Search for 1099-NEC and select the Jump to link.
  9. Enter your 1099-NEC according to the form you received and click Continue.
  10. On the Describe the reason... screen enter "Award/Bonus"
  11. Choose XXX employer reported this extra money on a 1099-NEC but it should have been reported on a W-2 and click Continue.
  12. On the Filing Form 8919 screen click None of the Above (because your 1099-NEC and W-2 are not from the same company) and click Continue.
  13. Continue through the interview and follow the instructions.

You will need to file Form SS-8 according to the instructions separately from your tax return.

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