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Bodily Injury Settlements: Paying Taxes on Your
Injury Compensation...
People who win bodily injury settlements rarely get to keep the whole
amount. How much of your personal
injury compensation will you be able to keep?
The last section
looked at liens,
which is the more common way for a chunk of your money
to be taken.
The other way you can lose some of your
settlement is to taxes.
Don’t panic though, the government can’t
take much of your insurance settlement. Usually they can’t take
anything.
Like so much in the personal
injury claim process, the rules vary
from state to state. In most cases the government, State or Federal,
can’t take taxes out of your settlement award.
The bottom line
on most tax issues is that the money awarded in bodily injury
settlements is for pain and suffering. And money you get for
pain and
suffering can hardly be construed as income.
The exception to
this is when the settlement mentions certain losses
specifically. For instance, if it's clear that some of your
compensation
was for lost income,
then that's taxable.
It's often impossible to
distinguish what is actually covered in a lump sum insurance
settlement, but sometimes those points are made clear.
Beyond
the pain
and suffering part of your settlement, there's obviously a
portion that relates directly to your medical bills. If those expenses
were paid out of pocket, then you might have deducted them as a medical
expense on your income
tax.
If that's the case, then it's no longer an
expense and you may be required to pay the taxes you missed because of
the deduction.
Like everything to do with taxes, there are a
lot of points left open to interpretation. If you are truly unsure of
what
to do, seek the advice of a tax specialist.
Otherwise, realize
that most auditors won’t likely get involved with a debate about bodily
injury
settlements. Since so much of it is pain and suffering compensation,
and the specifics about the rest are so hard to interpret, it's not
usually worth investigating.
Return
from Bodily Injury Settlements to Compensatory
Damages
Return
from Bodily Injury Settlements to Personal
Injury Settlement Guide
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