What is the plaintiff double tax trap?

Asked by: Lulu Mertz  |  Last update: September 30, 2026
Score: 4.7/5 (2 votes)

The plaintiff double tax trap is a tax consequence of the 2017 Tax Cuts and Jobs Act (TCJA) where plaintiffs in taxable settlements (e.g., emotional distress, defamation, punitives) are taxed on the gross recovery—including attorney fees—without being able to deduct the fees paid to their lawyers. The same attorney fee portion is taxed twice: once to the plaintiff and again to the attorney, often leaving the plaintiff with a small fraction of their award.

How to avoid plaintiff double tax trap?

A Plaintiff Recovery Trust (PRT) helps plaintiffs avoid the Double Tax Trap by being taxed only on what they actually receive—not on attorney fees. It's most valuable in taxable cases (defamation, malpractice, non-protected employment, punitive/interest) and can double or even triple the after-tax recovery.

What is the double tax trap?

Understanding the 67% Inheritance Tax Trap

If the pension holder passes away without fully utilising their IHT exemption on other assets, the pension pot will be subject to both inheritance tax and income tax on withdrawals. This dual taxation could drastically reduce the amount of wealth passed on.

What are the two types of double taxation?

There are two types of double taxation:

  • Direct Double Taxation (Obnoxious Double Taxation): This is generally viewed as illegal in the Philippines, as it constitutes unfair treatment to the taxpayer. ...
  • Indirect Double Taxation (Permissible Double Taxation):

How to avoid paying double tax?

To avoid double taxation, use "pass-through" business structures like LLCs or S Corporations where profits are taxed only once at the owner's individual rate, instead of C Corporations which are taxed at the corporate level and again on dividends; alternatively, C Corp owners can pay salaries, retain earnings strategically, or use income splitting, while international earners rely on foreign tax credits or treaty provisions.

Taxable Cases: How Plaintiff Attorneys Can Double (or Triple) Their Client's After-Tax Net Recovery

24 related questions found

What is an example of double taxation?

For example, when capital gains accrue from stock holdings, they represent a second layer of tax, as corporate earnings are already subject to corporate income taxes. Additionally, the estate tax creates a double tax on an individual's income and the transfer of that income to heirs upon death.

What to do with a $500,000 settlement?

Treat your settlement like a financial windfall: don't rush spending, and take time to plan carefully before making major purchases or lifestyle changes. Understand how the money is divided: lump sum vs structured payments, and how medical bills, liens, attorney fees, and taxes may reduce your net.

What is the IRS 7 year rule?

The IRS 7-year rule primarily applies to keeping records for claiming a deduction for bad debts or losses from worthless securities, allowing a longer period to file for a credit or refund, but it's not a universal audit limit; it's often a recommended safe buffer for general record-keeping, with the standard IRS audit period usually being 3 years, extending to 6 years for substantial income omission (over 25%) or foreign income issues, and indefinitely for fraud.

Can the IRS take money from a lawsuit settlement?

If you owe money to the government, they can take a portion of your settlement to cover unpaid debts. The IRS may seize your settlement if: You owe back taxes. You have unpaid child support.

What is the double taxation rule?

Double taxation can occur when you make your income in one country, but you live in another. DTAs prevent double taxation by establishing clear rules to determine which country is entitled to tax specific income and under what conditions.

How can I avoid the tax trap?

One of the simplest and most tax-efficient ways to avoid the 60% tax trap is to pay more into your pension. Contributions to a registered pension scheme reduce your taxable income, which can help restore some or all of your personal allowance.

What is the double tax burden?

Where a person resident in India earns income which is also taxable in a foreign country, he may be liable to pay tax on such income in India as well. This results in a double taxation of the same income.

What kind of settlement is not taxable?

Generally, settlements for physical injuries or sickness, including related medical expenses, pain & suffering, and emotional distress tied to that injury, are not taxable; also workers' compensation is typically tax-free, while lost wages, punitive damages, and emotional distress unrelated to a physical injury are usually taxable, making the allocation between taxable and non-taxable portions crucial, according to IRS rules. 

What is the IRS one time forgiveness?

One-time forgiveness, officially known as First-Time Penalty Abatement (FTA), is an IRS program that allows qualified taxpayers to have certain penalties removed from their tax accounts.

Does IRS forgive after 10 years?

Yes, the IRS generally has a 10-year statute of limitations (Collection Statute Expiration Date or CSED) from the tax assessment date to collect unpaid taxes, meaning the debt usually goes away then; however, this clock can be paused or extended by certain events like filing for bankruptcy, entering installment agreements, or living abroad, and there's no time limit for fraud, says the IRS and tax professionals https://www.irs.gov/newsroom/taxpayer-bill-of-rights-6,.

Can I live off interest of $500k?

Yes, you can live off the interest/returns from $500,000, but it depends heavily on your lifestyle and expenses, with the common 4% rule suggesting about $20,000 annually, which may require a frugal lifestyle, relocation, or significant Social Security income to supplement. With smart investing (e.g., balanced stock/bond mix) and minimal spending, it's feasible for many, but living in a high-cost area or with high expenses would make it difficult. 

What is the best account to put settlement money in?

High-Yield Savings Accounts: These accounts offer higher interest rates than traditional savings accounts, providing a safe place to park your settlement money while earning some interest. This option is ideal for maintaining liquidity while earning more on your idle cash.

How to not pay double taxes?

To avoid double taxation, use "pass-through" business structures like LLCs or S Corporations where profits are taxed only once at the owner's individual rate, instead of C Corporations which are taxed at the corporate level and again on dividends; alternatively, C Corp owners can pay salaries, retain earnings strategically, or use income splitting, while international earners rely on foreign tax credits or treaty provisions.

Why are we taxed twice?

Double taxation occurs when taxes are levied twice on a single source of income. Often, this happens when dividends are taxed. Like individuals, corporations pay taxes on annual earnings. If these corporations later pay out dividends to shareholders, those shareholders may have to pay income tax on them.

Can you legally be double taxed?

Contrary to popular belief, there's nothing in the U.S. Constitution or federal law that prohibits multiple states from collecting tax on the same income. Although many states provide tax credits to prevent double taxation, those credits are sometimes unavailable.