How to report unlawful discrimination settlement in tax software? 1099-NEC confusion
I recently received a $55,000 unlawful discrimination settlement with $20,000 going to my attorney. I managed to enter the attorney fees in my tax software under Other Adjustment/Misc, specifically in the Qualified Attorney Fees Paid after 10/22/04 section which shows up as UDC. My problem is with the actual settlement amount. The company I sued issued me a 1099-NEC, and now my tax software is treating it as self-employment income, which isn't right! I don't want to pay self-employment tax on a discrimination settlement. Where should I actually enter this settlement amount? I was looking at Schedule 1 (Form 1040) under Other Income, but I'm not sure if that's correct. If not there, where do I put it so it's not treated as self-employment income? Any help would be greatly appreciated! Filing deadline is coming up and I'm totally stuck.
20 comments


Zoe Stavros
You're right that your discrimination settlement shouldn't be treated as self-employment income! The 1099-NEC is actually incorrect in this situation - the company should have issued you a 1099-MISC instead. For discrimination settlements, the taxable portion (your $35,000 after attorney fees) should be reported on Schedule 1, Line 8z "Other Income" with a description like "Discrimination Settlement." This way it's subject to income tax but NOT self-employment tax. In your tax software, you'll need to override how it's treating the 1099-NEC. Look for an option to "edit" or "override" the form, then remove it from Schedule C (self-employment) and move it to Schedule 1 instead. Most tax software has this capability, but the exact steps differ between programs. Also, make sure your attorney fees are properly connected to this income source in your software so they're correctly deducted.
0 coins
Jamal Harris
•So if the company issued a 1099-NEC instead of a 1099-MISC, should OP contact them to get it corrected before filing? Also, does it matter if the discrimination was employment-related or not?
0 coins
Zoe Stavros
•While getting a corrected form would be ideal, you can still file correctly even with the wrong form. The IRS cares more about you reporting the income properly rather than which form it came on. Just keep documentation explaining why you're reporting a 1099-NEC on Schedule 1 instead of Schedule C. Whether the discrimination was employment-related doesn't change how you report it - discrimination settlements are generally not self-employment income regardless. The nature of the settlement might affect whether it's taxable at all though. Physical injury settlements are typically not taxable, while emotional distress damages usually are.
0 coins
Mei Chen
I went through almost the same situation last year with a workplace discrimination settlement and using the wrong tax form nearly cost me thousands! I finally solved it using taxr.ai (https://taxr.ai) which analyzed my settlement documents and gave me the exact steps to report it correctly in my software. The system showed me that discrimination settlements should be reported on Schedule 1 as "Other Income" but I had to override the default 1099-NEC treatment in the software. The website also gave me specific language to use for describing the income which made a huge difference in how it was processed.
0 coins
Liam Sullivan
•Did taxr.ai work with different tax software programs? I'm using a pretty basic one and wondering if it'll help with my whistleblower settlement which is giving me similar reporting headaches.
0 coins
Amara Okafor
•I'm skeptical about these types of services. Couldn't you just call the IRS directly to get this information? Why pay for something when the IRS will tell you for free?
0 coins
Mei Chen
•Yes, it works with all the major tax software programs! The service isn't tied to any specific platform - it analyzes your documents and provides guidance on how to properly report items regardless of which software you're using. For your whistleblower settlement, it would definitely help since those have special reporting requirements too. Free IRS guidance is great but getting through to someone who understands these specific situations can take weeks. When I called, I waited over 2 hours only to be told they couldn't advise on my specific situation. The service saved me time and gave me documentation to support my filing position if questioned later.
0 coins
Liam Sullivan
Just wanted to report back that I tried taxr.ai for my whistleblower settlement reporting issues and it was incredibly helpful! Uploaded my documents and within minutes got step-by-step instructions for my exact tax software. The guidance showed me exactly where to override the 1099 categorization and how to document why I was reporting it differently than the form indicated. Even showed me the exact wording to use in the description field. Saved me so much stress and probably a good chunk of money too since I was about to report it all as self-employment income.
0 coins
CosmicCommander
If you're having trouble getting through to the IRS to ask about your settlement reporting (I tried for THREE DAYS), I highly recommend Claimyr (https://claimyr.com). You can see how it works here: https://youtu.be/_kiP6q8DX5c I was struggling with a similar issue - got a settlement with a 1099-NEC and needed clarification directly from the IRS. Claimyr connected me with an actual IRS agent in about 20 minutes instead of the 2+ hour wait I was getting before. The agent confirmed exactly how to report my settlement and even sent me documentation I could reference if my return gets flagged.
0 coins
Giovanni Colombo
•How exactly does this work? Do they just call the IRS for you? I'm confused why I would need a service for that.
0 coins
Amara Okafor
•This sounds too good to be true. The IRS wait times are legendary. I seriously doubt any service can get you through that quickly unless they're doing something sketchy.
0 coins
CosmicCommander
•They don't call the IRS for you. What they do is hold your place in line and then call you when they're about to connect with an IRS agent. It's basically like having someone wait on hold for you. When your turn comes up, you get a call, and then you're connected directly with the IRS agent. There's nothing sketchy about it - they're just using technology to monitor hold times and manage the waiting process. It's completely legitimate and they can't access any of your tax information since you're the one who actually speaks with the IRS agent directly. I was skeptical too until I tried it, but it saved me hours of hold music and frustration.
0 coins
Amara Okafor
OK I have to admit I was wrong. After waiting on hold with the IRS for 3 hours yesterday and getting disconnected, I tried Claimyr today out of desperation. Got connected to an IRS agent in about 25 minutes! The agent confirmed exactly what others here said - discrimination settlements shouldn't be reported as self-employment income even if you get a 1099-NEC. She walked me through exactly how to override the form in my software and report it correctly on Schedule 1. She also explained that I should keep documentation about why I'm reporting it differently than the form indicates, in case of any questions later. Definitely worth it just for the time saved alone.
0 coins
Fatima Al-Qasimi
I had a similar situation a few years ago. The key is to look for an override option in your tax software. For example, in TurboTax, you need to: 1. Go to the 1099-NEC entry screen 2. Look for "Business Income" section 3. Find the option that says something like "This isn't business income" 4. Then select the category for legal settlements 5. It should then route it to Schedule 1 instead Each software is different but they all have some way to override the default treatment. What software are you using?
0 coins
Andre Moreau
•I'm using H&R Block software. I've been looking for an override option but it's not obvious where to find it. Has anyone done this specifically in H&R Block?
0 coins
Fatima Al-Qasimi
•In H&R Block software, you need to: 1. Go to the Income section 2. Find where you entered the 1099-NEC 3. Look for the small link or button that says "Edit" or "More Options" 4. There should be a question asking if this is business income 5. Select "No" and it should give you options for other types of income 6. Choose "Other Income" or "Settlements" if available If you can't find that option, sometimes you have to delete the 1099-NEC entry entirely and then manually enter the amount on Schedule 1 under Other Income. Just make sure you still document that you received the 1099-NEC in your tax file notes.
0 coins
Dylan Cooper
Quick question - does anyone know if emotional distress from discrimination is taxable? I thought I read somewhere that personal physical injury settlements are not taxable but emotional distress is. My settlement was for emotional distress from workplace discrimination.
0 coins
Zoe Stavros
•Yes, that's correct. Settlements for physical injuries are generally not taxable (excluding punitive damages). However, settlements for emotional distress WITHOUT physical injury are typically taxable. The IRS views emotional distress as taxable even if it resulted in physical symptoms (like headaches or stomach issues). Only settlements specifically for physical injuries or physical sickness are tax-free. If your settlement was purely for emotional distress from workplace discrimination with no physical injury component, it would be taxable income that should be reported on Schedule 1 (not as self-employment income).
0 coins
Sofia Ramirez
Has anyone actually had their return audited over this issue? I'm in a similar situation (though smaller settlement) and wondering how risky it is to override the 1099-NEC categorization without getting the company to issue a corrected form.
0 coins
Zoe Stavros
•I've worked with several clients who reported 1099-NEC settlements correctly on Schedule 1 instead of Schedule C, and none have been audited specifically for this issue. The key is documentation - keep your settlement agreement and a brief explanation of why you're reporting it differently than the form indicates. Remember, the IRS computer systems will notice the discrepancy (1099-NEC reported but not on Schedule C), but having proper documentation ready is your best defense. It's actually riskier to incorrectly pay self-employment tax on settlement income than to properly report it as other income.
0 coins