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re: Question about settlement and taxes

Posted on 3/18/19 at 1:58 pm to
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.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
119674 posts
Posted on 3/18/19 at 6:37 pm to
quote:

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


Thanks for all the posts. I wasn't completely clear, and that is my fault. The above is our situation.
When the agreement was signed, it was worded that this payment was for physical injuries and mental anguish associated with the accident.

I talked to a CPA today and was told that the attorney sent me a 1099 for the settlement amounts in error, and I contacted the attorney and he is discussing this with his accountant.
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