Tax Issues in Settlements of Claims with Allegations of Sexual Misconduct and Sexual Harassment

John Darer • August 8, 2023

What You Need to Know

Victims could be left with a third or less of the settlement, depending on their attorney's contingency fee agreement, due to the

Tax Cut and Jobs Act of 2017


Effective in 2018, the Tax Cuts and Jobs Act of 2017 (TCJA) included a provision that eliminated deductions for settlements or payments related to sexual harassment or sexual abuse when such settlements or payments are subject to a nondisclosure or confidentiality agreement.


When it was enacted, the provision was sometimes referred to as the "Harvey Weinstein Tax", after former movie producer and Miramax CEO Harvey Weinstein, who was accused by numerous women for rape and sexual assault and in anticipation the law's impact on potential settlements. Weinstein was convicted in 2020 and sentenced to 23 years in New York State prison, which was upheld on appeal in June 2022.


Where a defendant ends up negotiating settlements with any of his accusers, many of the settlements will be taxable, or have taxable elements.


 After paying attorney fees and applicable federal state and local income taxes, it could leave a third or less to the victim depending on their attorney's contingency fee agreement.



For example, when the Weinstein story broke, the New York Times reported that actress Rose McGowan was offered $1 million by Weinstein (which it was reported she refused). If she had deemed it a fair value, she and Weinstein's people could have negotiated a custom stream of tax deferred payments, which Weinstein, or his company, would fund up-front. Structured settlements do not require the victim to be traumatized by receiving a check or having any ongoing interaction with the employer or defendant, if the matter is in suit.


New Minnesota law exempts sexual harassment and abuse settlements from state income taxes - CBS Minnesota (cbsnews.com)


Minnesota lawmakers changed the law so the state doesn't line its pockets from tax revenue collected on sexual harassment or abuse settlements, according to a July 5, 2023 CBS Minnesota report.


Supporters of the Minnesota state law change wanted equal treatment with financial compensation a person may receive as damages for being personal physical injuries, physical sickness or workers compensation, which is exempt from both state and federal income taxes, subject to IRC 104(a)(1) [ workers comp] and

IRC 104(a)(2) [ personal physical injury and physical sickness] 


This new Minneota  law won't impact federal tax liability, so Minnesotans who receive these payments will still walk away with less than the full amount.


Sexual Harassment Damages | How to Mitigate the Tax

For those with taxable damages, or with an element of taxable damages a non-qualified structured settlement offers significant advantages.


  • Earn interest tax deferred.
  • Earn in interest on the deferred taxes tax deferred.
  • Earn interest on the interest tax deferred.


In the Weinstein cases and other cases with accusers who have high incomes, there could benefit from tax deferral. If personal physical injury is an element of damages and qualifies within the meaning of IRC 104(a)(2), then that portion of the damages could be tax exempt. Check out the taxable equivalent yield chart to see the value of the structured settlement tax benefit.


Other settlement planning tools may be useful depending on the nuance of a particular case such as a Plaintiff Recovery Trust. See Plaintiff Recovery Trust | Taxable Settlement Planning (4structures.com)


What is Sexual Misconduct?


Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different gender. [ Source: University of Iowa Operations Manual]


Sexual Misconduct in the Workplace 


A 2008 study of 500 respondents and 92 companies found:

  • 54% (272) had experienced some form of workplace sexual harassment.
  • 27% of the 272 respondents experienced harassment by their colleague, while 17% were harassed by their superior
  • 79% of the victims are women; 21% were men.
  • 12% had received threats of termination if they did no comply with the requests of the sexual harassers.


While Hollywood scandals involving the "casting couch" are legion, the 2008 study found that sexual harassment occurs most often in the workplace in these 5 industries:

  • Business, trade, banking and finance
  • Sales and marketing
  • Hospitality
  • Civil Service
  • Education, lecturing and teaching

Source:  Association of Women for Action and Research (AWARE)


What About Harassment in General?


According to the Equal Employment Opportunity Commission (EEOC), harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).


According to  'Casting Couch': The Origins of a Pernicious Hollywood Cliché


Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

sexual harassment



independent life structured settlement annuities
By John Darer March 16, 2025
In the structured settlement annuity industry, dominated by many of the largest life insurers in the United States, Independent Life Insurance Company (ILIC) achieved significant milestones in 2024. Good news, positives and some concerns discussed in this lattest post.
Prudential and Pacific Life are among the world's most ethical companies
By John Darer March 13, 2025
Prudential and Pacific Life have once again been named among the world's most ethical companies. Prudential received the award for the 11th time., Pacific Life received the award for the 8th time. Prudential and Pacific Life are leading issuers of structured settlement annuities.
structured settlement annuity market expansion 2025
By John Darer March 13, 2025
John Darer reviews structured settlement annuity market expansion featuring 3 new entrants Athene Life & Annuity, American National (ANICO) and Puritan Life as well as MetLife's development of a best in class
settlement agreement and release
By John Darer February 11, 2025
What is a Settlement Agreement and Release? What is the role of a Settlement Agreement and Release in establishing a structured settlement? What is a compromise?
structured settlement market explained
By John Darer February 11, 2025
John Darer reviews the primary structured settlement market, secindary market and tertiary structured settlement markets
tax free structured settlement annuity
By John Darer February 7, 2025
A structured settlement annuity does not drive the tax consequences of structured settlement annuity payments. It is the type of damages the structured settlement annuity payments represent, as reflected in the relevant settlement documentation executed by the settling parties
structured settlement beneficiary
By John Darer January 29, 2025
Structured settlement beneficiary death claim. An executor cannot change the beneficiary of a structured settlement annuity. StructuredTypically, settlement agreements permit the Payee to name or change a beneficiary, provided such change is in writing and submitted to the Assigmment Company or annuity issuer in writing and in proper form.
new york structured settlements, new york city structured settlements, nyc structured settlement cos
By John Darer January 23, 2025
Which life insurance companies write structured settlement annuities for personal injury and wrrongful death settlements in Bronx, Brooklyn, Staten Island, Queens, Manhattan, Long Island, Westchester, Erie, Rockland, Albany,Monroe in 2025 through licensed representatives?
structured settlement annuities
By John Darer January 8, 2025
Why Structured Settlements? Because Certain Sells® Structured settlements offer predictable income streams, which can be appealing to rein in uncertainty. John Darer reviews some other reasons that structured settlements are increasingly being used to settle cases:
structured settlements history
By John Darer December 13, 2024
Structured settlements have roots that trace back more than 100 years, from 1918, when Congress exempted damages for personal injury or sickness from income tax, to the establishment of structured settlements as the core personal injury settlement planning tool it is today.
More Posts