How to Minimize Tax Liability on Lawsuit Settlements or Avoid Paying Taxes on Settlement Money

In the aftermath of winning or settling a lawsuit, it is crucial to understand the potential federal and state income tax implications and Medicare tax implications on the taxable portion of the settlement proceeds, as well as how to minimize those tax liabilities on the settlement funds. While some settlements may be subject to federal and state income taxes, there are strategies you can employ to reduce your tax liability, such as the Plaintiff Recovery Trust. By familiarizing yourself with the rules and regulations governing taxable settlements, you can make informed decisions and potentially lower your tax liability. In this comprehensive guide, we examine the various factors that impact taxation and play a material role in determining the taxability of a lawsuit settlement.

Understanding Taxability: The General Rule

Understanding the General Rule of Taxability according to the Internal Revenue Code (IRC) §61, all payments from any source are considered gross income unless a specific exemption exists. This general rule also applies to lawsuit settlements. However, IRC §104(a)(2) excludes taxable income for certain types of settlements and awards. This understanding of the general rule is crucial when determining the taxability of a settlement. It is essential to consider the purpose for which the settlement or award was received. Not all payments received from a legal settlement or award are exempt from federal and state income taxes, so analyzing the specific circumstances surrounding each settlement payment is essential.

Determining Tax-Exempt Settlements

When identifying which settlements are tax-exempt, it is essential to understand the IRS’s audit criteria.

1. Taxation of Physical Injury or Sickness

Settlements related to physical injuries or illnesses, where there is observable bodily harm, are generally not considered taxable by the IRS. Compensation for medical expenses, lost wages, and pain and suffering due to physical injuries falls under this category. These settlements are often tax-exempt, relieving individuals who have experienced physical harm or illness.

2. Taxation of Emotional Distress

While settlements for physical injuries or illnesses are tax-exempt, awards for emotional distress are generally subject to taxes. However, if the emotional distress stems directly from a physical injury or illness caused by the accident, it may qualify for tax-exempt status. It is essential to establish a clear connection between the emotional distress and the physical injury or illness to limit the taxability of the settlement.

3. Taxation of Medical Expenses

Settlements designated explicitly for medical expenses are generally not taxable. However, if you previously deducted these medical expenses on your tax return, the corresponding settlement amount will be subject to taxes under the IRS ‘tax benefit rule.’ This rule ensures that you do not receive a double tax benefit by deducting medical expenses and excluding settlement proceeds related to those expenses.

4. Punitive Damages

Generally, punitive damages penalize the defendant for their wrongdoing. As such, punitive damages are almost always taxable; regardless of whether the underlying case involves physical injuries, the IRS considers punitive damages taxable income. It’s important to note that only the portion allocated to compensatory damages for physical injuries may be eligible for tax-exempt status if the settlement includes both compensatory and punitive damages related to physical injuries. In other words, punitive damages are ALWAYS taxable.

5. Taxation of Contingency Legal Fees

Depending on the nature of the settlement, the resulting taxation of your litigation award may include taxation of the attorney fees portion, particularly those based on contingency. If your settlement is tax-exempt, the legal fees and costs associated with the case will not affect your taxable income. However, if your settlement is taxable, you may owe taxes on the total settlement amount (including the attorney fee portion), even if the defendant pays your attorney directly. It’s crucial to consider the tax implications of legal fees when negotiating settlement agreements.

Pro Tip: Follow this link to learn more about paying taxes on the attorney fee portion of a settlement and how to avoid taxation with a Plaintiff Recovery Trust.

Strategies to Minimize Tax Liability

Now that we understand the factors that determine the taxability of lawsuit settlements, let’s explore some practical strategies to minimize your settlement tax liability:

1. Allocate Damages Appropriately

During settlement negotiations, you might have the opportunity to allocate a larger portion of the settlement to non-taxable award categories, like physical injuries or illnesses. By negotiating the allocation of damages strategically, you can potentially lower the taxable portion of your settlement and reduce your overall tax liability.

2. Spread Payments Over Time

Receiving a sizeable taxable settlement in a single tax period (year) may push you into a higher overall tax bracket, resulting in the highest tax rate being applied to the settlement. Consider negotiating for periodic payments spread over multiple years to avoid this potential tax burden. By receiving smaller payments over time, you may reduce the portion of your income that is subject to higher tax rates.

3. Consider Qualified Settlement Funds

Qualified Settlement Funds (QSFs), such as QSF 360, offer a mechanism to defer taxes on settlement proceeds. By establishing a QSF, the settlement funds are held in a §468B statutory trust, allowing you to defer tax liability as long as unresolved liens or secondary issues remain. QSFs offer flexibility and are particularly useful for individuals with complex settlement arrangements or secondary or ongoing litigation issues.

Pro Tip: QSFs do not function as long-term tax-deferral vehicles.

4. Take Advantage of Capital Gains Treatment

Depending on the nature of your claim, you may be able to classify part of your settlement as capital gains rather than ordinary income. If your settlement pertains to property damage, such as to a home or business, you might qualify for capital gains treatment. Consult a tax professional to determine whether this strategy is applicable to your specific situation.

5. Seek Professional Tax Advice

Navigating the intricacies of tax law can be challenging, particularly when it comes to lawsuit taxation. To take advantage of all available tax-saving opportunities, it’s advisable to seek professional tax advice. A tax professional with specific experience in lawsuit proceeds taxation can guide you through the complexities of tax planning, help you understand the specific tax implications of your settlement, and assist you in optimizing your tax strategy.

6. Eliminate the Taxation of Attorney Fee Portion

As discussed in ‘Why Taxes on Lawsuit Settlements Are Higher Than You Think,’ one of the most significant tax traps for plaintiffs is the taxation of attorney fees. Suppose you are a plaintiff represented by a contingent fee lawyer. In that case, the IRS considers you to have received 100% of the money recovered, even if the defendant pays your lawyer directly. This ‘tax doctrine’ means that, in most cases, you will face taxation on the entire settlement amount – yes, 100% of the settlement payment – even if a portion goes to your attorney.

Pro Tip: If you settle a lawsuit for $100,000, which are taxable proceeds, and your lawyer takes a $40,000 contingency fee, you will still be taxed on the entire $100,000, as the miscellaneous deduction for legal fees is no longer available for individuals. However, with preplanning, the Plaintiff Recovery Trust can eliminate the plaintiff’s taxation of the attorney's fee portion.

Pro Tip: There is an effective solution for many circumstances: the Plaintiff Recovery Trust; however, it must be established before the settlement or judicial award is finalized.

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Conclusion

Winning or settling a lawsuit is a significant achievement, but it’s crucial to understand the potential tax implications of your settlement. In many circumstances, the Plaintiff Recovery Trust may assist in minimizing the tax burden. By familiarizing yourself with the laws, regulations, and rules surrounding taxable settlements and judicial awards, you can make informed decisions to reduce tax liabilities.

Pro Tip: When assessing the taxability of your settlement, remember to consider factors such as physical injury or sickness, emotional distress, punitive damages, and contingent legal fees.