D2TTB - Topics about Lawyers

Demystifying the Tax Rules Around Emotional Distress Settlements Emotional distress damages are a common component of settlements and court awards for employment discrimination, harassment, and other personal injury cases. However, the tax implications of these payments can be complex and confusing. Are emotional distress settlements taxable income? Can any portion be excluded? This comprehensive guide will examine the key factors impacting taxation of emotional distress compensation. Emotional Distress Basics - Taxable or Not? First, let’s review some quick basics on emotional distress damages and taxation: Emotional distress settlements are generally taxable income even when no physical injury is involved. The IRS does not view emotional distress alone as a “physical injury or physical sickness” that would permit exclusion of settlement funds from taxable income under the tax code. Unless payments are allocated for physical harm or medical costs, emotional distress compensation will...