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chris | If one receives a small setttlement ($3000) after an auto accident, does the recipient need to pay taxes on it |
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strawberrycrush
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These conflicting answers on here may be confusing you. The answer is maybe. The $3000 WOULD be taxable if its purpose is to replace lost wages. If it's damages due to personal injury or some other type of physical suffering (not replacing wages) then it IS NOT taxable. All punitive damages ARE taxable. Here's more:
Issues for Lawsuit Proceeds Received After August 20, 1996
1. Lawsuit proceeds are unreported.
2. All punitive damages are taxable whether received in relation to a physical or non-physical injury (caution: Alabama wrongful death cases).
3. Determine if any of the settlement proceeds are designated as interest, and if so, such interest is reported as income.
4. Verify that amounts excluded from income were received in a case of physical injury. If it was not a physical injury, the only amounts excludable under IRC section 104(a)(2) are out of pocket costs for medical expenses incurred to treat emotional distress.
5. For out of court settlements for physical injury cases, determine if proper amounts were allocated between compensatory and punitive damages.
6. Verify the amount of out of pocket expense excluded for emotional distress in a non-physical injury case (that is, discrimination, fraud, etc.).
7. Verify that the taxpayer reported taxable amounts at gross rather than reporting them net of legal fees paid.
8. Allowable legal fees should be deducted on Schedule A as miscellaneous itemized deductions, unless the origin of the claim litigated is related to a Schedule C (independent contractor), or a capital transaction. This guide does not address the proper treatment of legal fees paid and deducted in taxable years prior to the year of recovery.
9. The legal fees deducted on Schedule A are a tax preference item for purposes of AMT.
10. For purposes of the AMT Credit, the legal fees which created AMT, are not allowed to generate the credit. They are "exclusion" items. |
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Judy1
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Settlements from accidents are sometimes taxable, but this one probably would not be.
As long as it's meant to compensate you for damages, as an award of this size probably would be, it's not taxable. If you receive punative damages, it would be. |
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vanamont7
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Not everything is taxed. I think this would be an exemption. Cash gifts are also non taxable under certain circumstances, also. |
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linluv2001
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You dont say if the settlement was medical or car. If medical no you dont have to pay tax on it. |
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Up your Maslow
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Only if it's excessive for the damage caused.
And 3 grand seems like you got sucked in to paltry amount.
I take it you signed a document saying you could go after more... |
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Louis G
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Usually no. A settlement is supposed to make you "whole" again after some sort of accident. The government usually does not tax that sort of money. |
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Tneciter
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All moneys received through an insurance claim are tax differed. that includes auto as well as life insurance moneys collected after a death. This also covers workers compensation claims because they come out of your employers insurance. Enjoy the 3000 dollars, but check with your accountant, as the government is always trying to get into our pockets and they don't always tell us of these changes....KECK |
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Tree
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If you do I would combat it with write offs such as any perscriptions and medical visits, tavel exspence to get there and lawyer fees. Check with an accountant they can save your money for you. |
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MikeInRI
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no you don't
Update - After reading a few other answers - I want to make this clear - you would never under any circumstances pay income taxes on money recieved from a legal settlement |
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mom of a boy and girl
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As far as I know every penny earned,and given has to be taxed.
If you don't claim it now, you could be the loser in the long run, because the person giving you the money will show that on his taxes that it was given to you...Just keep out the money and pay it.... |
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janetmiriani
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I received replacement wages from AAA for an accident I was in and I couldnt work for the whole year. It was 85% of my income and approximately $1500 a month. Is there a way I could claim this as earned income on my ince taxes? |
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