Injured Smoker Settlement

[BOB W]

My guess is that it is "not taxable" ,,,,what say you.

[BOB W]

BOOST........... the prior CPA was including it in income...and he is in FL where the class action took place. So I am thinking he is probably right...??? NO 1099...Just letter

[BOB W]

I found this regarding settlements, good short reading.


The Internal Revenue Service recognizes that receiving a settlement award (amount) from a personal
injury suit may create new tax issues for some individuals. The following information is provided to
assist recipients of cash settlements.

The type of settlement you receive is determined by your Final Settlement Agreement.

Physical injuries or physical sickness settlements are generally non-taxable.

• If you receive a settlement for physical injuries or physical sickness and did not take an
itemized deduction for medical expenses related to this injury in prior years, the full amount is
non-taxable and generally does not need to be reported on your income tax return.
BUT
• If you receive a settlement for physical injuries or physical sickness and did deduct medical
expenses related to the injury, the tax benefi t amount is taxable and should be reported as
“Other Income” on line 21 of Form 1040.

Interest, punitive damages, emotional distress or mental anguish, and employment
discrimination or injury to reputation settlements are generally taxable.

• Interest: Amounts on any settlement are taxable as “Interest Income” and should be reported
on line 8a of Form 1040.

• Punitive Damages: Amounts are taxable and should be reported as “Other Income” on line
21 of Form 1040. It does not matter if punitive damages are related to a physical injury or
physical sickness.
• Emotional distress or mental anguish: Amounts are taxable to the extent that they exceed
medical costs, not previously deducted, for treatment of emotional distress or mental
anguish. A statement showing the entire settlement amount less related medical costs should
be attached to the return. The net taxable amount should be reported as “Other Income”
on line 21 of Form 1040.

• Employment discrimination or injury to reputation: Amounts are taxable and should be
reported as “Other Income” on line 21 of Form 1040.
Loss-of-use or loss-in-value of property settlements may be taxable if the settlement exceeds
your basis in the property.

• Property settlements that are less than the adjusted basis of your property are not taxable
and generally do not need to be reported on your tax return.

• When property settlements exceed your adjusted basis in the property, the excess is gain.
Gains on personal capital assets are reported on Form 1040’s Schedule D, Capital Gains
and Losses. Gains on business capital assets are reported on Form 4797, Sale of Business
Property.

Some settlement recipients may need to make estimated tax payments if they expect their tax to be
$1,000 or more after subtracting credits & withholding. Information on estimated taxes can be found
in IRS Publication 505, Tax Withholding and Estimated Tax, and in Form 1040-ES, Estimated Tax for
Individuals.

For additional help contact the IRS at 1-800-829-1040.
All of the forms and publications referenced in this publication are available
from the IRS at www.irs.gov, or paper copies can be ordered by calling
1-800-829-3676 (1-800-TAX-FORM).
STAKEHOLDER PARTNERSHIPS,
EDUCATION & COMMUNICATION
Publication 4345 (Rev. 6-2006)
Catalog Number 38586D
Settlements — Taxability