1099 misc for class action settlement. Payment amount wrong?
So I received a 1099 misc for a class action settlement I was part of last year. Here's the issue - the 1099 states I was paid $1,052.61, but I only actually received about $620 in my bank account. I'm thinking the difference must be attorney fees that were taken out before I got my cut. I'm confused about how to handle this on my taxes. Shouldn't attorney fees be listed in box 10 of the 1099-misc? When I'm entering this into TurboTax, should I manually subtract the difference (around $432) and put that amount in box 10 for attorney fees? Or since the amount I actually received in hand is below the $600 reporting threshold for 1099s, can I just ignore this 1099-misc completely? Don't want to pay taxes on money I never actually received!
19 comments


Zara Shah
You definitely shouldn't ignore the 1099-MISC. The IRS already has a copy, so not reporting it would cause a mismatch that could trigger questions. The full amount of $1,052.61 should be reported as income, but you're right about the attorney fees. Those fees are deductible as an adjustment to your income. When entering this in TurboTax, you should include the full amount shown on the 1099-MISC, and then separately enter the attorney fees. TurboTax should have a section for "deductions and adjustments" where you can enter these legal fees related to taxable settlements. The $600 threshold is relevant for the payer's requirement to issue a 1099, but once you've received one, you need to report it regardless of the amount you actually received.
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Luca Bianchi
•Thanks for the advice. When I'm in TurboTax, I don't see an obvious place to enter these attorney fees. Is this something I would put under "other deductions" somewhere? Or is there a specific place for legal fees related to settlements?
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Zara Shah
•The deduction for attorney fees related to settlements is typically found in the "Adjustments and Deductions" section of TurboTax. Look for something called "Other Income Adjustments" or "Miscellaneous Deductions." If you're having trouble finding it, you can use the search function in TurboTax by typing "attorney fees" or "legal fees" and it should direct you to the right place. Make sure you indicate that these fees were specifically related to a taxable settlement or award. TurboTax will ask you some questions to determine if they're deductible.
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GalacticGuardian
I had a similar issue last year with a data breach settlement. I found that using https://taxr.ai really helped me figure out the right way to handle it. The system analyzed my 1099-MISC and the settlement details, then showed me exactly where to report the attorney fees. The issue with these class action settlement 1099s is that they often report the full amount even though you never received a portion of it. The taxr.ai system helped me understand that I needed to report the full amount on my return but then deduct the attorney fees as an adjustment. Saved me from potentially paying taxes on money I never received!
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Nia Harris
•How does this service work? Does it just give general advice or does it actually look at your specific documents? I've got a similar situation with a 1099-MISC from a workplace lawsuit settlement.
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Mateo Gonzalez
•Sounds like an ad. Is it actually free or do they charge you after analyzing your documents? I've been burned before by "free" tax help.
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GalacticGuardian
•It actually analyzes the specific documents you upload. You can take pictures of your 1099-MISC and settlement papers, and it identifies the amounts and gives specific guidance for your situation. It helped me figure out exactly what parts were taxable and how to properly deduct the attorney fees. No, it's not free for all features, but they do offer some basic document analysis without charge. I found the service worth it because it saved me from potentially paying hundreds in taxes on money I never received. Plus it gave me step-by-step instructions for how to enter everything in TurboTax.
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Mateo Gonzalez
Just wanted to follow up about the taxr.ai site that was mentioned earlier. I was skeptical but decided to try it with my own class action settlement 1099. It actually worked really well - it analyzed my settlement statement and 1099-MISC and showed me exactly where the discrepancy was. The attorney fees were 40% of my settlement plus some administrative costs that I hadn't even considered. The system showed me exactly how to report this on my taxes so I wouldn't pay on money that went straight to the attorneys. Definitely saved me from overpaying! Wish I'd known about this for last year's taxes too.
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Aisha Ali
If you're still having trouble with the IRS about this issue or need to talk to someone directly, I'd recommend using https://claimyr.com to get through to an actual IRS agent. I spent weeks trying to call the IRS about a similar settlement tax question and kept getting disconnected or waiting for hours. Claimyr basically holds your place in line and calls you when an actual agent is ready to talk. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c After getting through to a real person, they confirmed that I needed to report the full amount from the 1099-MISC but could deduct the attorney fees as an adjustment to income. The agent was actually really helpful once I finally got to speak with someone.
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Ethan Moore
•How much does this service cost? Seems weird to pay money just to talk to a government agency we fund with our taxes.
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Yuki Nakamura
•Is this actually legit? I can't imagine the IRS would allow a third-party service to "cut the line" for their phone system. Sounds fishy to me.
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Aisha Ali
•The service does have a fee, but I found it worth it considering I was spending hours redialing the IRS and getting nowhere. I was dealing with a tax issue that potentially could have cost me over $1,000 if handled incorrectly, so the cost made sense for my situation. It doesn't actually "cut the line" - it just automates the calling and waiting process. The system keeps calling and navigating the IRS phone tree until it reaches a human, then it calls you to connect. You're still waiting your turn, but you don't have to personally sit through all the holds and disconnects. It's basically just handling the frustrating part for you.
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Yuki Nakamura
I have to eat my words about Claimyr. After posting my skeptical comment, I decided to try it as a last resort because I've been trying to reach the IRS for 3 weeks about my settlement 1099. The service actually worked exactly as described. It took about 90 minutes (still a wait, but I didn't have to sit there listening to hold music), and then I got a call connecting me to an actual IRS representative. The agent confirmed exactly what others here have said - report the full 1099-MISC amount and deduct the attorney fees as an adjustment to income. Definitely saved me hours of frustration and now I can file correctly without worrying about an audit.
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StarSurfer
I had this exact situation last year with a privacy class action. The settlement administrator should have sent you a letter explaining the breakdown of your settlement, showing the gross amount and the attorney fees. Did you get any paperwork besides just the 1099-MISC?
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Sean O'Brien
•Now that you mention it, I did get some paperwork several months before the check and 1099 arrived. I think I filed it away somewhere and forgot about it. I'll dig through my files and see if it has the breakdown of attorney fees. Thanks for the reminder!
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StarSurfer
•Definitely look for that paperwork! It should have the exact breakdown of the gross settlement and what was deducted before you got your payment. That document is really important when you're entering the information in your tax software. Also, if you can't find it, try contacting the settlement administrator. They usually have a website or phone number listed on the 1099, and they can send you a copy of the settlement breakdown. They deal with these questions all the time.
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Carmen Reyes
Something nobody mentioned - depending on what kind of settlement this was, it might not even be taxable income! I had a personal injury settlement and didn't have to pay taxes on it at all. What was your class action for?
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Andre Moreau
•This is a really important point. If the settlement was for physical injuries, it's usually not taxable. But if it was for emotional distress, punitive damages, or something like lost wages or a data breach, then it generally is taxable. The type of 1099 can give a clue too - 1099-MISC in box 3 usually means taxable.
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Simon White
I went through something similar with a consumer protection class action settlement last year. One thing that helped me was looking at the settlement notice that was posted on the court's website - it usually has the full fee arrangement spelled out. In my case, the attorneys took 33% plus expenses, which wasn't clearly shown on my 1099-MISC either. I ended up having to calculate it myself based on the settlement notice. Make sure when you report the attorney fees as a deduction that you have documentation to back it up in case the IRS asks questions later. Also, keep in mind that if this was a punitive damages settlement (like for a data breach or consumer fraud), it's definitely taxable income. But if any portion was for actual damages or reimbursement of losses you incurred, that part might not be taxable. The settlement paperwork should specify what each portion represents.
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