Do we pay tax on settlement from sexual harassment lawsuit?
We received a 1099 form from my wife's employer for a settlement from a sexual harassment law suit. #1. is this money taxable? #2. After legal fees we received less than the amount on the 1099 form,where do we put legal expenses on our income taxes if this money is taxable?
1 Answer from Attorneys
Re: Do we pay tax on settlement from sexual harassment lawsuit?
You absolutely may not rely upon my tax advice as
it varies from state to state depending upon the
state law characterization of the settlement.
As a really general rule, settlements or judgments
which are compensatory, which make you whole after an
injury of sorts, are tax free, but punitive awards,
replacement of ol' back wages, and the future wages
that she might have gotten paid if she kept the job ...
I THINK these might be considered taxable income.
However, I'm not sure on that point, either, without
checking further ... I have notes on it I could look
up, but it would apply for Massachusetts. I hope that
it gives you an idea of the structure of the answer,
if not the answer. Good luck. Ask your attorney
or your accountant and if you don't have one, get
one!!
Lawyers fees are an obvious offset (reduction) from
the income.