Settlements Taxable

[rose323]

I have a client who received a substantial settlement from a school district intended to compensate victims for trauma. This is my first time encountering this situation. I understand that certain settlements related to physical bodily injury—such as workers’ compensation or car accident injury claims—are generally not taxable.

Could someone guide me on how to determine whether this type of settlement is taxable? Additionally, if it is taxable, what steps should the client take to properly report the income to the IRS, particularly if no information form (such as a 1099) has been issued?

Any guidance on how to approach this situation or relevant considerations when advising the client would be greatly appreciated.

[Skylane]

Depends on the character of the settlement. I’ve always gotten my best answers by going to the horses pitute (settlement attorney)… they’ll know best how settlement is structured and will  be able to advise if a 1099 will be forthcoming, fees, etc.  

typically settlements for physical injuries or sickness are not taxable. 

[BobKamman]

"Trauma" sounds like a weasel word to mask that there was no physical harm, and hope IRS doesn't notice.  In the inarticulate way that IRS explains it (can you use "only" twice in the same sentence?), 

"As a result of the amendment in 1996, mental and emotional distress arising from non-physical injuries are only excludible from gross income under IRC Section104(a)(2) only if received on account of physical injury or physical sickness."

https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments