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re: Question about settlement and taxes

Posted on 3/18/19 at 12:29 pm to
Posted by btnetigers
South Louisiana
Member since Aug 2015
2269 posts
Posted on 3/18/19 at 12:29 pm to
quote:

Emotional distress / emotional injuries are specifically and clearly NOT excluded under the US tax code.


So, are you saying that general damages for pain and suffering, etc., in the case of an insurance settlement via a wreck of this type IS taxable? I was told the same as the OP, in that, these are NOT taxable.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37202 posts
Posted on 3/18/19 at 1:58 pm to
quote:

So, are you saying that general damages for pain and suffering, etc., in the case of an insurance settlement via a wreck of this type IS taxable? I was told the same as the OP, in that, these are NOT taxable.



So here's the thing where people get caught up.

If the physical injuries causes the mental anguish, then the damages paid for mental anguish are NOT taxable.

If the mental anguish is separate and apart from the physical injuries, the related damage payments ARE taxable.

It's going to depend upon the OP's settlement agreement.

Generally speaking, the IRS considers all income taxable, and you have to show why it is not.

I should have been clearer in my original post.
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