Statutory Guidelines [Appendix A(1) IRC 104] regarding compensation for injuries or sickness under workmen's compensation acts, damages (other than punitive damages), accident or health insurance, etc. as stated in the guidelines.
Washington Compensation for Injuries or Sickness IRS Code 104
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Whether a personal injury settlement is taxable will depend on the nature of the damages awarded, a Portland personal injury lawyer explains. In general, compensatory damages for physical injuries will not be subject to taxes.
For example, if you make claims for emotional distress, your damages are taxable. If you claim the defendant caused you to become physically sick, those can be tax free. If emotional distress causes you to be physically sick, that is taxable. The order of events and how you describe them matters to the IRS.
Texas does not have personal income taxes and does not tax personal injury settlements or verdicts. As with all federal tax laws, there are exceptions to the rule. Settlements or verdict awards from breach of contract lawsuits that involve personal injuries are subject to taxation by the IRS.
The general rule is that lawsuit settlements are taxable, except in cases that involve an actual, physical injury (?observable bodily harm?) or illness that you suffered. In other words: personal injury settlements usually aren't taxable, while other types of settlements usually are.
Compensation money awarded for visible injuries is considered tax-free, so there is no need to include these settlements in your yearly tax report. As mentioned, settlement awards from personal injury lawsuits that demonstrate "observable bodily harm" are not taxable by the IRS.
The IRS can only pursue those portions of the settlement not intended as reimbursement for property loss or physical injury. So, while this may not always happen, it is possible that the IRS might take at least some of your personal injury settlement.
Act section 1605(a) of the Small Business Job Protection Act of 1996 (P. L. 104-188) amended Code section 104(a)(2), which previously read as follows: "(2) the amount of any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness;".