Are Paying Lawsuits Tax Deductible?

The IRS doesn't treat all lawsuits in the same way for purposes of assessing the federal income tax implications. If you are paying a lawsuit settlement or court judgment, your eligibility to claim a deduction for it depends on what the underlying claim of the lawsuit relates to. Only when the underlying claim qualifies for a tax deduction can you begin to evaluate your deductible expenses.

Personal Injury Lawsuits

    If you are the defendant in a personal injury lawsuit and you either settle the case or the court orders you to pay the plaintiff, you cannot claim a deduction for any monetary award you must pay, including the court and legal expenses you incur. This is because the basis of the lawsuit is your negligence or some other act that causes injury to the other party. As a result, the IRS treats this type of payment as purely personal that has no effect on your tax return.

Business Disputes

    If the basis of your lawsuit is a business contract dispute and you are unsuccessful, you may be able to claim a business expense deduction for the amount of the settlement award. In order to claim a business deduction, the underlying dispute must relate to an expense that would be deductible to the business in the absence of a dispute and the presence of a voluntary payment. For example, suppose you operate a restaurant and you refuse to pay one of your suppliers for a shipment of produce that you claim was spoiled at the time of delivery. Regardless of whether this is true or not, if the court decides in favor of the supplier and requires you to make full payment for the shipment, you can claim a deduction for that produce just as you would had it not been spoiled.

Punitive Damage Awards

    Regardless of whether the IRS allows you to deduct a portion of your lawsuit payment, under no circumstances can you ever claim a deduction for the portion of the settlement award that represents punitive damages. The sole purpose of punitive damages is to punish the unsuccessful party in the same way as a penalty. As such, the Internal Revenue Code specifically disallows individuals and businesses from deducting penalty charges.

Legal Fees

    For some lawsuits, the cost of hiring an attorney to defend you can be just as expensive as the actual settlement. The only time the IRS allows you to deduct the legal fees you incur is when the lawsuit is the result of a business dispute, your employment or involves disputes that relate to income property you own, such as a rental home. For example, if your lawsuit payment relates to legitimate dispute with a business creditor and you operate as a sole proprietor, you can include your legal fees as a business expense on Schedule C, regardless of the outcome.



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