Is my EEOC settlement taxable income for 2025 filing?
So I just received a settlement from my workplace after filing with the EEOC last year. The amount is around $42,000 and I'm trying to figure out if I need to pay taxes on this or how much of it might be taxable. My lawyer took their fee directly from the settlement (about $14,000), so I only received $28,000. The settlement agreement doesn't specifically mention taxes at all. I'm wondering if the entire amount is taxable or just what I actually received? Also, will I get a 1099 form for this? This is my first time dealing with something like this and I'm totally confused about how to report it for next year's taxes. Any advice would be really helpful!
25 comments


Charlee Coleman
Settlement taxation can be tricky, but I can help break this down. Whether your EEOC settlement is taxable depends on what the settlement was compensating you for. Physical injuries/sickness compensation is generally non-taxable. But compensation for emotional distress, lost wages, punitive damages, or interest is typically taxable as ordinary income. Attorney fees in employment discrimination cases can usually be deducted as an adjustment to income (above-the-line deduction), which is better than a Schedule A itemized deduction. For your $42,000 settlement, you'll likely need to report the full amount, but can claim the $14,000 attorney fee as a deduction. The company should issue you a 1099-MISC or 1099-NEC for the full settlement amount. If they don't send one by early February next year, you should contact them.
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Liv Park
•If the settlement was for back wages, would it be subject to employment taxes like Social Security and Medicare? Or is it just regular income tax?
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Charlee Coleman
•If the settlement represents back wages, it is indeed subject to employment taxes (Social Security and Medicare) as well as income tax. The employer should withhold these taxes before disbursement if it's for wages. If the settlement represents non-wage damages like emotional distress, it's still taxable but wouldn't be subject to employment taxes. It would be reported as "other income" and you'd only pay income tax on it.
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Leeann Blackstein
After going through a similar employment discrimination issue last year, I found myself drowning in tax questions just like you. I tried researching online but got so many conflicting answers about what was taxable and what wasn't. That's when I found https://taxr.ai and it honestly saved me so much stress. I uploaded my settlement docs and it analyzed everything, breaking down exactly which portions were taxable and which weren't. For my case, they identified that part of my settlement was for medical expenses related to workplace stress (non-taxable) which my regular tax preparer had missed completely! They also explained exactly how to handle the attorney fees portion.
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Ryder Greene
•How does it work with the attorney fees part? My settlement was smaller ($17k) but the lawyer took almost 40%. Do I still have to pay taxes on the full amount?
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Carmella Fromis
•Does this thing work with TurboTax? I've already started my return there and don't want to start over. Also, how accurate is it compared to asking a CPA?
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Leeann Blackstein
•For attorney fees in employment discrimination cases, you can typically take what's called an "above-the-line" deduction for the full amount of the fees. This means you don't have to pay taxes on money you never received. You report the full settlement amount as income, then deduct the attorney fees separately so you're only taxed on what you actually got. The tool works alongside any tax software you're already using. It doesn't replace your filing method - it just analyzes your documents and tells you exactly what to enter where. In my experience, it caught things my previous CPA missed because it specifically focuses on less common tax situations like settlements that even professionals sometimes get wrong.
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Carmella Fromis
Just wanted to update after trying taxr.ai for my settlement tax questions. I was skeptical about whether it would be worth it, but it actually identified that $8,500 of my settlement was for documented medical expenses directly related to the discrimination I experienced, which isn't taxable! I had NO idea about this exception and would have reported my entire settlement as taxable income. The system generated a detailed explanation I can keep with my tax records in case of audit. It also walked me through exactly how to report the attorney fees correctly so I'm not paying taxes on money I never received. Definitely more helpful than the generic advice I was finding online.
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Theodore Nelson
When I got my discrimination settlement last year, I had major questions about the tax implications too. But my biggest headache was trying to get clarity from the IRS directly. Spent HOURS on hold only to get disconnected repeatedly. I finally tried https://claimyr.com after seeing it recommended here. They got me connected to an actual IRS agent in about 20 minutes instead of the 3+ hours I was waiting before. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The IRS agent confirmed exactly how to report my settlement and attorney fees correctly.
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AaliyahAli
•Wait, how does this actually work? Does it just call the IRS for you? Why would that be faster than calling myself?
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Ellie Simpson
•Sounds like BS honestly. The IRS wait times are what they are. No way some random service gets you through faster than anyone else. They're probably just charging you to waste your time.
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Theodore Nelson
•It doesn't just call for you - they use a system that navigates the IRS phone tree and waits in the queue for you. When an actual agent picks up, you get a call connecting you directly to that agent. So instead of you personally sitting on hold for hours, their system does it, and you only get called when there's a live person ready to talk. I was definitely skeptical too. I had already wasted about 7 hours across multiple days trying to get through myself. Nothing to lose by trying since they don't charge unless they actually connect you. When they did get me through in under 25 minutes, I was pretty shocked. The IRS wait times are still the same, but you're not personally waiting on hold the whole time.
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Ellie Simpson
Had to come back and admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it anyway since I was desperate for answers about my own settlement taxes. I'd been trying to reach the IRS for over a week with no luck. Used the service and got connected to an agent in 35 minutes (while I was making dinner, not actively waiting). The agent confirmed that for my specific settlement, I needed to report it on line 8z of Form 1040 as "Other Income" and write "EEOC Settlement" next to it. Also confirmed I could deduct the attorney fees as an adjustment to income. Saved me from potentially making a costly mistake on my taxes. Definitely worth it just for the peace of mind.
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Arjun Kurti
Something important nobody mentioned - if your EEOC settlement included interest, that portion is ALWAYS taxable, even if the underlying damages weren't. My settlement check had both the principal amount and interest listed separately, and I had to pay taxes on the interest part.
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Sara Hellquiem
•Thanks for mentioning this! Just checked my settlement papers again and there is a small portion (about $2,100) listed as interest. Would I have received a separate 1099-INT for just that part, or is it all lumped together?
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Arjun Kurti
•You should receive a 1099-INT specifically for the interest portion. However, some companies include it all on one 1099-MISC or don't properly separate it. If they don't send the correct forms, you still need to report the interest portion correctly on your tax return. If everything comes on a single 1099 form, you'll need to break it out yourself on your tax return - the settlement amount would go on line 8z as "Other Income" and the interest would go in the interest income section. Keeping good records of how the settlement was structured is really important for this reason.
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Raúl Mora
Has anyone dealt with state taxes on an EEOC settlement? I'm in California and they wanted their cut too, not just the feds!
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Margot Quinn
•Yeah, most states follow federal taxation rules for settlements but not always exactly. In New York, I had to pay state tax on my settlement too. Check your state's specific rules because some states have different exclusions for certain types of damages.
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Yara Nassar
I went through a similar EEOC settlement situation two years ago and can share what I learned. The key thing is understanding what your settlement was compensating you for - this determines the tax treatment. From your description, it sounds like a typical employment discrimination settlement. Here's what you need to know: 1. You'll likely receive a 1099-MISC for the full $42,000, even though you only got $28,000 after attorney fees. 2. The taxability depends on what the settlement covers: - Lost wages/back pay: Fully taxable as ordinary income - Emotional distress: Taxable (unless related to physical injury) - Punitive damages: Fully taxable - Attorney fees: You can deduct these as an above-the-line deduction 3. Even if the settlement agreement doesn't mention taxes, the IRS still has rules about how to report it. My advice: Keep detailed records of what the settlement was for, and consider consulting with a tax professional who has experience with employment settlements. The attorney fee deduction alone could save you significant money, and there might be other aspects of your case that could affect the tax treatment. Don't wait until tax season to figure this out - start gathering your documentation now!
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Oscar O'Neil
•This is really helpful advice! I'm curious about the documentation you mentioned - what specific records should someone keep for an EEOC settlement? I'm dealing with something similar and want to make sure I have everything organized properly before tax season. Did you need to provide any special documentation to your tax preparer beyond the settlement agreement itself?
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Alfredo Lugo
•Great question! For my EEOC settlement documentation, I kept everything organized in a dedicated folder. Here's what proved most important: 1. The complete settlement agreement (obviously the most crucial document) 2. All correspondence with the attorney about fee arrangements 3. The actual settlement check stub showing any breakdowns 4. Any 1099 forms received (keep copies even if you think they're wrong) 5. Documentation of what damages the settlement was meant to cover - this might be in your original EEOC complaint or in settlement negotiation emails 6. Medical bills if any part related to physical injury or documented medical treatment for work-related stress 7. Records of any lost wages being compensated The settlement agreement itself often doesn't break down tax implications, but the underlying case documents usually show what you were seeking compensation for. My tax preparer said this background info was essential for determining the correct tax treatment. Also keep a simple spreadsheet noting: total settlement amount, attorney fees, net received, and what each portion was meant to compensate. This makes tax prep much smoother and helps if you ever face questions from the IRS later.
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Fatima Al-Farsi
One thing I haven't seen mentioned yet is timing - EEOC settlements can sometimes span multiple tax years, which complicates things. If your settlement covers back wages from previous years, you might be able to use income averaging or claim it should have been reported in those earlier years. Also, make sure you understand the difference between compensatory and punitive damages in your settlement. Compensatory damages for things like lost wages or emotional distress have different tax treatment than punitive damages, which are always fully taxable. Since you mentioned this is your first time dealing with this, I'd strongly recommend getting professional help. Employment discrimination settlements have so many nuances that even experienced tax preparers sometimes get wrong. The money you spend on professional advice will likely save you much more in properly handled deductions and avoiding potential IRS issues down the road. Don't forget to set aside money for taxes now - if a large portion of your settlement is taxable, you might owe quarterly estimated taxes to avoid underpayment penalties next April.
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StormChaser
•This is really solid advice about the timing issue - I hadn't thought about that aspect. For someone new to this like Sara, how do you actually determine if income averaging applies? Is that something you can figure out from the settlement documents, or do you need to go back through your original EEOC complaint to see what time periods were involved? Also, the point about setting aside money for taxes is crucial. I learned this the hard way with a different type of settlement - ended up scrambling to pay estimated taxes and penalties. Sara, if you haven't already, consider putting at least 25-30% of what you received into a separate account for taxes, just to be safe. You can always get a refund if you overestimate, but owing a big tax bill next April is much more stressful.
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Angelina Farar
As someone who went through an EEOC settlement situation recently, I wanted to share a few practical tips that might help you navigate this process more smoothly. First, don't panic about the tax situation - while it's complex, it's definitely manageable with the right approach. The fact that you're asking these questions now (rather than scrambling at tax time) puts you ahead of the game. A few things I wish I'd known earlier: - Request a detailed breakdown from your attorney about what portions of the settlement represent different types of damages (lost wages vs. emotional distress vs. punitive damages). This breakdown is crucial for proper tax treatment. - If your settlement includes any reimbursement for medical expenses you actually paid due to work-related stress or discrimination, those portions are typically non-taxable. - Keep detailed records of everything, including all communication with your attorney about fees and the settlement structure. Regarding the attorney fees, yes, you'll likely report the full $42,000 as income but can deduct the $14,000 attorney fees as an above-the-line deduction. This is much better than a regular itemized deduction because it reduces your adjusted gross income directly. One last tip: consider having a tax professional review your situation, especially since employment discrimination settlements have unique rules that differ from other types of legal settlements. The complexity often justifies the professional fee, and they can help you avoid costly mistakes or missed opportunities for tax savings. Good luck with everything, and don't hesitate to ask more specific questions as you work through the details!
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Malik Jackson
•This is incredibly helpful advice, especially about getting that detailed breakdown from your attorney! I'm curious though - what if your attorney is being vague about the breakdown? Mine just keeps saying "general damages" when I ask for specifics. Also, regarding the medical expenses portion being non-taxable - does this include therapy costs that I paid for due to workplace stress? I had to see a counselor for about 6 months because of everything that happened at work, and those sessions weren't cheap. If the settlement is partially compensating me for those out-of-pocket medical costs, that could make a real difference in my tax liability. @Angelina Farar, did you have to provide receipts or documentation to prove the medical expenses, or was it enough that they were mentioned in the settlement agreement?
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