When is a settlement or court award taxable?
- David Greene
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When someone is physically injured and gets a money award from settlemenet or trial, that money is not taxable. The key words here are “physical injury.” Emotional distress alone is not cosidered a physical injury and, of course, discrimination is not physical. Therefore, an award for either of those situations or similar sitiuations is taxable as income. If in a doiscrimination lawsuit it is alleged that the boss shoved the plaintiff, which is a physical assault, and if the jury awarded the plaintiff a certain amount for the assault and another amount for the discrinimation, then the assault portion would not be taxable.