The good news is that, in most cases, personal injury settlements are not taxable in California.
Personal injury settlements in California are generally exempt from being garnished or levied upon, with exceptions. So, depending on the circumstances, they shouldn't be able to take that money from your account. You may lose that protection if you don't handle it properly.
Since these types of damages are meant to replace the income you would otherwise have earned from work and would have paid taxes on, they are considered to be taxable by the IRS and the State of California and will need to be reported.
Settlements are not subject to a special tax rate, so they will likely be taxed on ordinary income. Remember that the IRS takes the entire amount that was initially awarded into consideration. For example, if you were awarded 200,000 and your legal fees added up to 50,000 – the IRS would tax you based on 200,000.
In some cases, the IRS can take a part of personal injury settlements if you have back taxes. Perhaps the IRS has a lien on your property already, and if so, you could find yourself losing part of your settlement in lieu of unpaid taxes. This can happen when you deposit settlement funds into your personal bank account.
Remember, according to the IRS, gross income includes “all income from whatever source derived.” This means almost every penny earned in a settlement is taxable, except personal injury and physical injury 26 USC § 104.
Money awarded in personal injury settlements in California is exempt under the law from garnishment under the law protecting it from creditors seizing it. That means creditors can't legally take settlement money from your bank account and use it to pay off your old debts.
After a settlement check is cashed, a plaintiff's personal injury case is final. At this time, the plaintiff has received the damages that an at-fault party agreed to pay. The plaintiff can now move forward from their personal injury case.
The compensation you receive that is directly related to your physical injury is not typically taxable in the state. Even settlements related to emotional distress may not be taxable if the emotional distress is related to a physical injury. However, if punitive damages are awarded, those are taxable in California.
Generally, the IRS will take 25 to 50% of your disposable income. Disposable income is the amount left after legally required deductions such as taxes and Social Security (FICA). You should also be aware that if you're paid as a 1099 contractor, the IRS can sometimes take the entire amount.
Your settlement check is meant to be used for the personal injuries that you suffered from your accident. If you sign over the settlement check to someone else, it is the same as saying, “No, I'm good.
Generally, deductible closing costs are those for interest, certain mortgage points and deductible real estate taxes. Many other settlement fees and closing costs for buying the property become additions to your basis in the property and part of your depreciation deduction, including: Abstract fees.
You may be able to defer tax on all or part of a lump-sum distribution by requesting the payer to directly roll over the taxable portion into an individual retirement arrangement (IRA) or to an eligible retirement plan.
Once your attorney receives your settlement check, direct deposit is an option, but that doesn't mean you'll see the cash in your account right away. However, you can still get cash to pay for medical bills and living expenses. You can receive a portion of future settlement proceeds via pre-settlement funding.
Bank accounts solely for government benefits
Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
While the IRS generally cannot directly take a portion of your personal injury settlement, they can potentially claim a part of it if you owe back taxes and they have a tax lien on your assets.
Go to Your Bank
By far, the best place to cash a settlement check is at your bank. If you have a bank account at a bank or credit union, simply go to your own financial institution with the check. There likely won't be any additional fees, though there may be a short hold to ensure the funds clear.
Generally, you must include in gross income everything you receive in payment for personal services. In addition to wages, salaries, commissions, fees, and tips, this includes other forms of compensation such as fringe benefits and stock options.
You can use your structured settlement payments as proof of income for things like a mortgage, second mortgage, or even an auto loan.
Some firms issue the forms routinely, but most payments to clients do not require them. In most cases, the settling defendant is considered the payer. Thus, the defendant generally has the obligation to issue any Form 1099 that is necessary.
However, the IRS is unfortunately not bound by this law. This means that they can choose how much to garnish from your wages each month, depending on how much you owe and how much you earn. The limit is typically between 25-50% of your disposable earnings after deductions are made.
Negotiating a settlement directly with the IRS may also be an option in certain situations. This involves proposing a lump sum payment that is less than the total amount owed. Keep in mind that the IRS is generally more inclined to consider this option if there is doubt about the collectibility of the full debt.
Not all debts are subject to a tax refund offset. To determine whether an offset will occur on a debt owed (other than federal tax), contact BFS's TOP call center at 800-304-3107 (800-877-8339 for TTY/TDD help).