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Allocate damages to reduce taxes: During settlement negotiations, you can negotiate to allocate a larger portion of the settlement to non-taxable award categories. For example, increase the award related to physical injuries and illness and decrease amounts related to emotional distress.

A structured settlement is an arrangement in which the settlement payment is paid out over time, rather than in a lump sum. This can help to avoid taxes on the settlement payment by spreading out the tax liability over a longer period of time.

Publication 4345, Settlements ? TaxabilityPDF This publication will be used to educate taxpayers of tax implications when they receive a settlement check (award) from a class action lawsuit.

If you receive a taxable court settlement, you might receive Form 1099-MISC. This form is used to report all kinds of miscellaneous income: royalty payments, fishing boat proceeds, and, of course, legal settlements. Your settlement income would be reported in box 3, for "other income."

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.

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.

The general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. This section states all income is taxable from whatever source derived, unless exempted by another section of the code.