11 Jul Do Personal Injury Settlements Get Taxed?
Will My Personal Injury Settlement Be Taxed?
Are you entitled to a personal injury settlement? If you are injured in an accident and suffer damages, such as medical bills or lost wages because of the injuries you sustained, then a personal injury settlement may be owed to compensate for those losses.
A question that comes up often when people are going to receive a settlement is “Do personal injury settlements get taxed?” As a general rule, there are no taxes applied to personal injury settlements as the money isn’t obtained as a wage or salary.
Keep reading to learn more about taxes when it comes to personal injury settlements.
Why Are Most Settlements Not Subject to Personal Income Tax Rules?
One of the main reasons why personal injury settlements are not subject to personal income tax rules is because, as a general rule “settlements” refer to awards for damages and don’t include wages or other types of compensation.
That means that you won’t have any taxes taken out which would otherwise be collected by your employer from payroll on behalf of your income.
Another reason why you won’t need to pay taxes on your settlement is that the money wasn’t obtained as a wage or salary. Usually, if a person needs to pay personal taxes it’s assumed that they are receiving compensation for work and not just damages from an injury case.
When Is a Settlement Subject to Taxes?
Personal injury settlements are not subject to income taxes because they’re classified as damages and don’t include wages or other types of compensation. The money isn’t obtained as a wage or salary, so you won’t need to pay personal income tax on it in most cases.
The only time when the settlement might be subject to taxes is if the settlement is also one of the following: back wages, punitive or other damages awarded in lawsuits.
A settlement may be subject to taxes if it is one of the following:
1) A Payment for Back Wages
A back wage is a payment for wages that were not paid to the worker in question. This can come up if they weren’t covered under minimum wage laws, or if there are violations of federal and state labor regulations on pay rates and other things like overtime compensation.
2) Punitive Damages Awarded in Lawsuits
Punitive damages are awarded in cases where a person is found to have acted willfully and wantonly or with such gross negligence as to warrant exemplary or punishing damages. Punitive damages are not subject to the $0.01 minimum rule that applies to compensatory (or ordinary) damage awards for personal injury cases.
3) Damages From an Injury Case That was Covered by Insurance
This settlement was covered by the individual’s insurance policy and not deducted from their employer’s premiums.
Personal Injury Expenses That Are Not Taxed
There are four types of personal injury expenses that you don’t need to pay taxes on:
1) Medical Expenses
One type of non-taxable expense is medical care. This includes any money spent on treatment for the injuries and may also include costs related to mental anguish or disability arising from the accident. Your tax professional can help you determine how much of these expenses are deductible.
2) Lost Wages
This is the second type of non-taxable expense and refers to any money that a person loses as a result of not being able to work because they were injured in an accident or illness. This includes income lost before, during and after treatment for injuries sustained by someone else’s foul play or carelessness.
The third type of non-taxable expense is interest. This refers to any money lost because someone didn’t pay the full amount they owed on time, like late penalties and fees that accumulate over a period of time for not paying bills in a timely manner.
4) Attorney’s Fees
You can also include attorney’s fees related to the personal injury case, even if they’re paid for with your settlement money.
Non-Taxable Income Explained
Non-taxable income includes a number of different things, which can include:
Gifts and Other Types of Inheritance: you may not need to pay taxes on that money if you’re lucky enough to receive both gifts and an inheritance from someone who has passed away.
Personal injury settlements are one type of non-taxable settlement.
What are personal injury settlement payments?
Personal injury settlement payments are made when someone settles with the person causing their injuries. Settlements can be made in cash or as a promise of future payment, such as monthly installments for years to come.
Settlement payments are to compensate the injured person. They may be for medical bills, lost wages due to injury, and pain related to the injury. These personal injuries can happen in a variety of ways including but not limited too: slip-and-fall accidents, car collisions as well as dog bites, or animal attacks that occur on someone’s property.
Is a disability settlement taxed?
A disability settlement is not subject to personal income tax rules. As a general rule “settlements” refer to awards for damages and don’t include wages or other types of compensation. A settlement may be subject to income tax if it is one of the following: back wages, punitive or other damages awarded in lawsuits.
Do you have to report a personal injury settlement on your taxes?
No, the IRS does not tax personal injury settlements because they are considered damages. The only time when the settlement may be subject to taxes is if it also meets one or more of these criteria: back wages, punitive or other damages awarded in lawsuits (see detailed list above).
A settlement that’s classified as non-taxable includes four types of awards for personal injuries: medical expenses, lost wages, legal fees, and interest.
Will I get a 1099 for a lawsuit settlement?
No. The IRS does not generate a tax form (e.g., Form W-whatever) for individual personal injury settlements because they are considered damages and not compensation or earnings, so there’s no need to report it on your taxes as income.
How do I deduct attorney fees from a settlement?
If you’re awarded a settlement for personal injury damages that includes attorney fees or other types of expenses, the court will determine how much you can deduct. You should consult your tax professional if this is something you need to know about when it’s time to file taxes and don’t ask them at the time of your settlement.
What should I do with my personal injury settlement?
If you are trying to decide where the money should go, it is important to note that personal injury settlements can’t be put into retirement accounts. It’s also not a good idea for people who don’t have an emergency fund in place. Those funds would be lost if something happened like medical emergencies or unforeseen life events. You’ll want to pay any bills that you owe. These include late penalties and fees that accumulate over a period of time for not paying your bills on time.
The Truskett Law team is dedicated to helping you recover after an accident, both physically and financially. Your right to honest representation in a full recovery ensures that your case will be handled with care so that the best possible outcome can be achieved.
At Truskett Law we believe every person has the right to have their personal injury taken seriously by someone who cares about them – not just another cog of the industry trying to make money from their misfortune.
We are committed at each level of our organization: individual attorneys, as well as support staff members, work hard on behalf of clients’ interests; all cases receive careful evaluation and attention when they’re first accepted; seasoned professionals provide outstanding service through trial preparation or settlement negotiations designed around our client goals. Give us a call today!