< Back to IRS

Zara Mirza

How are settlement proceeds from employment disability discrimination lawsuits reported on taxes?

Hi everyone, I'm in a bit of a confusing situation with my taxes. I recently settled a disability discrimination case with my former employer and received $13,500 after my attorney took their $6,750 fee. The thing is, I haven't received any tax forms from either the employer or the attorney, and I'm completely lost on how to report this on my return. Would I need to report the full $20,250 and then deduct the $6,750 attorney fee somewhere else? Or do I just report the net amount I actually received? Any guidance would be super appreciated since this is my first time dealing with anything like this.

Luca Russo

•

Employment discrimination settlements can be tricky for taxes. The tax treatment depends on what the settlement was for. If it was for lost wages, it's taxable income. If it was for emotional distress or physical injuries directly related to the discrimination, different rules apply. Since you didn't get any tax forms, you'll still need to report this. For the attorney fees, you'd typically report the full amount of the settlement ($20,250) as income, then deduct the attorney fees ($6,750) as an adjustment to income on Schedule 1, Line 24. This is sometimes called an "above-the-line" deduction, which means you can take it even if you don't itemize deductions. Make sure to keep documentation of the settlement and the attorney fees in case of questions from the IRS. The lack of tax forms doesn't mean it's not taxable - it just means you need to self-report correctly.

0 coins

Nia Harris

•

But wait, didn't the tax law change recently for these kinds of settlements? I thought there was something about attorney fees not being deductible anymore after the Tax Cuts and Jobs Act? I'm confused because my cousin had a similar situation and his accountant told him something different.

0 coins

Luca Russo

•

The Tax Cuts and Jobs Act did change some rules about deducting legal fees, but there's still an exception for employment discrimination cases like yours. Attorney fees in employment-related lawsuits can still be deducted as an adjustment to income on Schedule 1. This is specifically covered under Internal Revenue Code Section 62(a)(20). Your cousin's situation might have been different - perhaps it wasn't an employment discrimination case or involved different types of claims. Each settlement has its own tax implications depending on the exact nature of the claims.

0 coins

GalaxyGazer

•

I went through something similar with an ADA discrimination settlement and found taxr.ai (https://taxr.ai) incredibly helpful for figuring out how to report everything correctly. Their system analyzed my settlement documents and broke down exactly what portions were taxable and which weren't. They explained that the nature of the settlement determines taxation - like physical injury portions are tax-free while lost wages are taxable. The tool actually showed me how to properly allocate the attorney fees against the different settlement components which saved me a bunch in taxes. Definitely worth checking out if you're unsure about how to report settlement income.

0 coins

Mateo Sanchez

•

How long did it take you to get your analysis back? I've got a settlement for workplace harassment (not disability related) and I'm on a tight deadline with my taxes due soon.

0 coins

Aisha Mahmood

•

I'm skeptical about these online tools. How do you know they're giving accurate advice for something this complicated? Did you double-check their recommendations with an actual tax attorney?

0 coins

GalaxyGazer

•

I received my analysis back in less than 48 hours, which was really impressive considering how detailed it was. They broke everything down clearly showing which portions were taxable and which weren't. As for accuracy, I was skeptical at first too, but they cite specific tax code sections and relevant case law in their analysis. I did actually have my regular accountant review it, and he was impressed with the thoroughness. He said it aligned perfectly with how he would have handled it but with even more supporting documentation. The service is run by tax attorneys and former IRS agents, so they know what they're doing with these specialized situations.

0 coins

Aisha Mahmood

•

I was initially skeptical about taxr.ai but decided to try it for my workplace settlement last month. Honestly, I'm glad I did. They identified that part of my settlement was for physical symptoms related to emotional distress (headaches, insomnia) which qualified for partial tax exemption under Section 104(a)(2) - something my regular tax guy completely missed. The analysis showed me exactly how to allocate the attorney fees proportionally between taxable and non-taxable portions of the settlement. Ended up saving me around $3,400 in taxes. The documentation they provided also gives me peace of mind if I ever get audited. Definitely worth it for settlement situations.

0 coins

Ethan Moore

•

If you're having trouble figuring out how to report your settlement and getting no help from the employer, you might want to call the IRS directly for guidance. I used Claimyr (https://claimyr.com) to actually get through to a human at the IRS after spending days trying on my own. They have a demo video here: https://youtu.be/_kiP6q8DX5c that explains how it works. I was able to speak with an IRS agent who walked me through how to report my own settlement income properly. The agent confirmed I needed to report the gross amount and then take the attorney fee as an adjustment to income. They even emailed me the specific forms and publications that applied to my situation. Saved me from making a costly mistake on my return!

0 coins

How does this service actually work? I've been trying to reach the IRS for 3 weeks about an issue with my settlement reporting and keep getting disconnected.

0 coins

Carmen Vega

•

Yeah right. Nobody gets through to the IRS these days. I've been trying for months about my refund. This sounds like another scam service that promises the impossible.

0 coins

Ethan Moore

•

The service basically holds your place in the IRS phone queue so you don't have to stay on the line for hours. When they reach an IRS agent, you get a call back and are connected directly. It typically takes 2-3 hours for them to reach someone, but you don't have to stay on the phone that whole time. I was extremely skeptical too, but after being hung up on by the IRS automated system for the fifth time, I was desperate. It actually worked exactly as promised. They connected me with an IRS representative who specifically handled settlement taxation questions. The agent confirmed exactly how to report my settlement and attorney fees, and I was able to file with confidence. Not a scam at all - it just solves the impossible phone wait problem.

0 coins

Carmen Vega

•

I need to apologize and correct myself. After my skeptical comment about Claimyr, I decided to try it anyway since I was so frustrated with getting nowhere with the IRS. Surprisingly, it actually worked. I got a call back in about 2.5 hours and was connected directly to an IRS agent who specializes in settlement taxation. The agent confirmed that for discrimination settlements, you report the FULL amount as income (in your case $20,250) on line 8z of Form 1040 (Other Income) with a description like "Employment Discrimination Settlement." Then you can deduct the attorney fees ($6,750) as an adjustment to income on Schedule 1, Line 24. The agent even sent me IRS Publication 525 which specifically covers this on page 32. I was genuinely shocked at how helpful they were once I actually got through.

0 coins

You could also look at the settlement agreement itself. Sometimes it specifies how the payment should be characterized for tax purposes. Mine specifically stated what portion was for back wages (W-2 income), what was for emotional distress (1099-MISC), and what was for attorney fees. That might give you some guidance even without formal tax forms.

0 coins

Andre Moreau

•

Does the settlement agreement language actually matter to the IRS though? I thought they had their own rules regardless of what the agreement says.

0 coins

The settlement agreement language does matter to the IRS, but it's not the final word. The IRS generally respects the allocation in a settlement agreement if it was negotiated at arm's length and reflects the true nature of the claims. However, you're right that the IRS can disregard allocations they consider unreasonable or that appear designed primarily to avoid taxes. For example, if the lawsuit was clearly about lost wages but the settlement allocates 90% to non-taxable emotional distress, the IRS might challenge that. The key is having the allocation reflect the actual substance of the claims and damages sought in the original complaint.

0 coins

Zoe Stavros

•

Just gone through this exact situation. Here's what I learned - definitely keep all documentation even if you didn't get official tax forms! My settlement was from 2023 but the IRS questioned it on my 2024 return. Having the settlement agreement and a letter from my attorney saved me TONS of hassle. Also, if any part of your settlement was for medical expenses you actually incurred for physical symptoms (like therapy costs), that portion might be non-taxable. Worth checking with a tax pro who specializes in settlements.

0 coins

Jamal Harris

•

Is there a specific form we need to file with our tax return when reporting settlement income? Or do we just put it on the regular 1040?

0 coins

Jamal Wilson

•

Hey Zara! I went through something very similar with my disability discrimination settlement last year. You're right to be confused - the lack of tax forms doesn't mean you're off the hook for reporting it. Based on my experience and what my tax attorney told me, you'll need to report the full gross settlement amount ($20,250) as "Other Income" on your Form 1040. The good news is that you can deduct the attorney fees ($6,750) as an adjustment to income on Schedule 1, Line 24 under "Attorney fees and court costs for unlawful discrimination claims." The key thing is that employment discrimination settlements like yours still qualify for the attorney fee deduction even after the Tax Cuts and Jobs Act - this is specifically preserved under IRC Section 62(a)(20). I'd strongly recommend keeping detailed records of everything: the settlement agreement, any correspondence with your attorney about the fee arrangement, and documentation showing this was specifically for disability discrimination. The IRS may not have forms from your employer, but they could still ask questions later. One more tip - if any portion of your settlement was specifically allocated to physical injury or sickness caused by the discrimination (like medical expenses for stress-related symptoms), that portion might be excludable from income under Section 104(a)(2). Check your settlement agreement to see if there's any such allocation. Good luck with your return!

0 coins

Yara Haddad

•

Thanks for sharing your experience, Jamal! This is really helpful information. I'm curious - when you reported the settlement as "Other Income," did you need to include any specific description or just put the dollar amount? Also, did the IRS ever follow up with questions about your settlement, or was the documentation you kept just a precautionary measure? I'm asking because I want to make sure I handle this correctly from the start. The whole situation is already stressful enough without worrying about potential issues down the road with the IRS.

0 coins

Sophia Clark

•

I've been following this thread with interest since I'm dealing with a similar situation. One thing I haven't seen mentioned yet is the timing aspect - Zara, when did you actually receive the settlement funds? The tax year for reporting is typically when you received the money, not when the case was resolved or the agreement was signed. Also, I'd recommend being very specific about the description when you report it as "Other Income." Something like "Employment Disability Discrimination Settlement" will be clearer for the IRS than just a generic description. This helps establish the nature of the income and supports your ability to deduct the attorney fees under Section 62(a)(20). One more consideration - if your settlement included any punitive damages, those are generally fully taxable regardless of the underlying discrimination claim. The settlement agreement should specify if any portion was punitive damages versus compensatory damages. The distinction can affect how different portions are taxed. Keep all your documentation organized and consider making copies for your records. Even though you didn't receive a 1099, having a clear paper trail will be invaluable if there are ever any questions about how you reported this income.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today