Are Structured Settlement Payments Income?

John Darer • October 5, 2018

Do You Have to Report Structured Settlement Payments?

Structured settlement payments are income , however structured settlement payments are exempt income, if they represent payment of damages for personal physical injury, physical sickness, wrongful death or workers' compensation, and wrongful imprisonment [ see Internal Revenue Code of 1986, as Amended Sections 104(a)(1), 104(a)(2), 139F and 130].

Structured settlement payments you receive during the year under the above circumstances, are not reportable on your tax return according to two CPAs I asked.

Here's what the IRS says:

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non- taxable . Do not include the settlement proceeds in your income.
Where structured settlement are used to pay for taxable damages or for structured attorney fees, payments are generally considered income and reportable in the year received.

Always speak to your CPA about your personal tax situation.


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