Is a settlement from PGE for the Slater Fire taxable to my client?

[EarlineLaBuy]

My client lost a rental house in 2020 in the Slater Fire. She received $ from the insurance company and it was reported in the 2020 tax returns. Now, she is part of a lawsuit with PGE and is expecting a six figure payout. I have researched this within the IRS website, but cannot find out if this is taxable or how many years she has to reinvest this amount if it is taxable.  I just need someone to point me to a website or a tax regulation for this issue. Thanks.

[qbteachmt]

Is this a CA client or OR client? Or are you asking about Federal tax? It's a bit confusing how you asked.

The insurance paid for the property.

The law suit will be a settlement. There would not be a reinvestment provision for a lawsuit.

[George4Tacks]

Are you asking about IRC 1033 replacement? https://www.law.cornell.edu/uscode/text/26/1033

[qbteachmt]

I looked under the couch and all I could find that has passed is for settlement exemption for CA (Newsom). Others, including Federal, were introduced, but never went anywhere.

[EarlineLaBuy]

CA client.

[EarlineLaBuy]

It is a CA client and it was declared a federal disaster. Does that change anything? I am thinking she has 4 years to replace the property from the date of the settlement. Is that correct?

[qbteachmt]

"It is a CA client'

Then IRS research won't be useful, if your question relates to CA taxes.

"and it was declared a federal disaster. Does that change anything?"

It depends on the breakdown of the settlement. It will matter if some is identified as settlement for physical injury, punitive award, replacement.

"I am thinking she has 4 years to replace the property from the date of the settlement. Is that correct?"

Are you using web resources to find applicable info for CA and/or Fed? Example:

https://lamalfa.house.gov/pge-wildfire-settlement-payments-general-information

"Generally, you must purchase replacement property within two years after the end of the year in which your property was destroyed, or within four years after the end of the year in which your property was destroyed if the property is in a Federally declared disaster area. You may apply for an extension of this period under procedures described in IRS guidance."

If this is a Fed question, Pub 547 for the tax year in question, is a great place to start.