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Old 12-10-2007, 06:57 PM
eagent
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Default Re: Are penalties from a lawsuit settlement taxable?

On Dec 9, 3:45 pm, "removeps-gro...[at]yahoo.com" <removeps-
gro...[at]yahoo.com> wrote:
- quote -

> Are penalties from a lawsuit settlement taxable at federal and state
> (California) levels? The lawsuit is about employees being overworked
> and not paid overtime. Of the settlement amount, 50% is W2 income,
> 35% penalty, 15% interest. Want to know because if the penalty is
> taxable, then my income would be higher, and to avoid tax penalties
> for underpayment of tax I'd either have to make estimated payments or
> take advantage of the prior year safe harbor rule (this year's W2 tax
> 110% of last year's total tax, though 100% for lower incomes).


Punative damages are ALWAYS considered taxable income.

Compensatory damages are also taxable UNLESS they are related to a
physical injury.

Thus, in your case, all the money you receive will be taxable income.

The best advice you've gotten so far is to discuss your situation with
a local tax pro who is familar with legal settlements. If you don't
have such a tax pro already on your list of advisors you can go to
www.naea.org - the National Association of Enrolled Agents - and
search for one.

Good luck,
Gene E. Utterback, EA, RFC, ABA

  #1  
Old 12-09-2007, 11:39 PM
Elle
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Default Re: Are penalties from a lawsuit settlement taxable?

Ask at misc.taxes.moderated.

 
Old 12-09-2007, 09:05 PM
BreadWithSpam@fractious.net
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Default Re: Are penalties from a lawsuit settlement taxable?

"removeps-groups[at]yahoo.com" <removeps-groups[at]yahoo.com> writes:

- quote -

> Are penalties from a lawsuit settlement taxable at federal and state
> (California) levels? The lawsuit is about employees being overworked
> and not paid overtime. Of the settlement amount, 50% is W2 income,
> 35% penalty, 15% interest. Want to know because if the penalty is


Punitive damages are generally considered income and taxable
as such, but there are some complications (ie. punitive
damages for physical injury or sickness are treated
differently, afaik, but it's an area of taxation riddled
with exceptions).

Pay an accountant to go through this with you. It shouldn't
cost more and a couple of hundred bucks but this is money
well spent.

--
Plain Bread alone for e-mail, thanks. The rest gets trashed.
No HTML in E-Mail! -- http://www.expita.com/nomime.html
Are you posting responses that are easy for others to follow?
http://www.greenend.org.uk/rjk/2000/06/14/quoting

  #-1  
Old 12-09-2007, 07:45 PM
removeps-groups@yahoo.com
Guest
 
Posts: n/a
Default Are penalties from a lawsuit settlement taxable?

Are penalties from a lawsuit settlement taxable at federal and state
(California) levels? The lawsuit is about employees being overworked
and not paid overtime. Of the settlement amount, 50% is W2 income,
35% penalty, 15% interest. Want to know because if the penalty is
taxable, then my income would be higher, and to avoid tax penalties
for underpayment of tax I'd either have to make estimated payments or
take advantage of the prior year safe harbor rule (this year's W2 tax
110% of last year's total tax, though 100% for lower incomes).

 

Tags
lawsuit, penalties, settlement, taxable
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