How do I avoid taxes on my settlement money?

Asked by: Brando Boyer  |  Last update: October 10, 2025
Score: 4.2/5 (28 votes)

  1. Tip 1: Use a Structured Settlement Annuity.
  2. Tip 2: Use the Plaintiff Recovery Trust.
  3. Tip 3: Use Both an Annuity and the Plaintiff Recovery Trust.
  4. Tip 4: Maximize the Medical Expense Exclusion.
  5. Tip 5: Allocate All Damages in the Settlement Agreement.

How to not pay taxes on settlement money?

A structured settlement annuity is one of the best ways of getting the tax burden off your settlement money. Why? Because a structured settlement annuity essentially pays the settlement in installments over years or even decades as opposed to giving it to you as a lump sum.

How do I avoid taxes on lump sum payout?

You may be able to defer tax on all or part of a lump-sum distribution by requesting the payer to directly roll over the taxable portion into an individual retirement arrangement (IRA) or to an eligible retirement plan.

Which of the following types of legal settlements are exempt from tax?

Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally consider that money taxable. However, personal injury settlements are an exception.

Do I have to report settlement money to the IRS?

The IRS Has The Final Say

If you receive a settlement in California that is considered taxable income, you will need to report it on your tax return. You will typically receive a Form 1099-MISC, which reports the amount of taxable income you received during the year.

How to Avoid Paying Taxes on Settlement Money: 5 Essential Tips

27 related questions found

Can I gift my settlement check?

Your settlement check is meant to be used for the personal injuries that you suffered from your accident. If you sign over the settlement check to someone else, it is the same as saying, “No, I'm good.

Do you have to report a settlement to Social Security?

You must report all income, assets, and other aid, including money recovered from a personal injury lawsuit. However, you can take steps to lessen this impact and protect your SSI benefits while pursuing a personal injury lawsuit, such as establishing a special needs trust.

What settlement payments are taxable?

The general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. This section states all income is taxable from whatever source derived, unless exempted by another section of the code.

Can a settlement check be direct deposited?

Once your attorney receives your settlement check, direct deposit is an option, but that doesn't mean you'll see the cash in your account right away. However, you can still get cash to pay for medical bills and living expenses. You can receive a portion of future settlement proceeds via pre-settlement funding.

What type of damages are not taxable?

There are two types of compensatory damages: special damages and general damages. Special damages include economic losses, such as lost wages and medical bills. General damages cover intangible losses, such as pain and suffering or loss of consortium. Typically, compensatory damages cannot be taxed.

How do I give a large sum of money without being taxed?

Use the lifetime gift tax exclusion

The lifetime gift tax exclusion allows you to transfer wealth up to a certain amount during your lifetime without incurring gift tax. In 2024, this exclusion is set at $13.61 million. This means you can give away this amount throughout your life without owing any gift taxes.

What is the federal tax rate for lump sum payments?

When we send a lump-sum payment directly to you, it is subject to a mandatory 20% federal withholding tax rate in the year you receive the payment. This withholding will be reported to the IRS and credited toward any income tax you may owe.

Why is my severance taxed so high?

Severance isn't taxed differently than income. It's taxed according to the ordinary income tax brackets but it may fall into a higher tax bracket if it's paid in a lump sum.

Is the double down settlement taxable income?

Tax Implications: Settlement payments are generally taxable unless they fall under specific exceptions. In this case, the settlement amount received from DoubleDown Interactive may be considered taxable income.

How do I avoid taxes on settled debt?

You may be able to reduce or eliminate the tax liability by claiming an exclusion or exception, such as insolvency, bankruptcy, or qualified principal residence indebtedness. Failure to report your forgiven debt could attract an IRS audit and future tax penalties and interest charges.

Can you deduct attorney fees from a settlement?

The costs associated with hiring attorneys, defending a lawsuit, and paying for damages or a settlement can be exorbitant, and will inevitably damage a company's profitability. The good news is these payments are often tax deductible business expenses.

Where should I deposit a large settlement check?

Now that you know more about the process, you'll naturally ask, “Where do I cash my settlement check?” so you can learn about settlement check cashing options. This can be accomplished at the issuing bank, your own bank or credit union if you have a bank account, check cashing stores, or at retail or grocery stores.

What is the best thing to do with a settlement check?

A large settlement check provides you with the opportunity to pay off debt. Plan to pay what you may owe from credit cards, high interest loans, or other bills. Using your funds in this way can help you earn financial freedom by reducing ongoing interest payments.

Will the IRS take my settlement check?

The IRS can only pursue those portions of the settlement not intended as reimbursement for property loss or physical injury. So, while this may not always happen, it is possible that the IRS might take at least some of your personal injury settlement.

Do I have to report personal injury settlement to the IRS?

Injuries or Sickness

If you are awarded a settlement for injuries or illness and did not take an itemized tax deduction for medical costs related to that injury or sickness, your settlement is not taxable. You do not have to include your injury case settlement as part of your income on tax documents.

How to avoid paying taxes on punitive damages?

Using the Plaintiff Recovery Trust often doubles (or even triples) the amount plaintiffs get to keep after taxes. And it's the only way plaintiffs receiving punitive damages can avoid being taxed on their attorney's fees.

Do I have to pay taxes on a lemon law settlement?

Refunds for the purchase price of your lemon car are usually not taxable since you're just getting your money back. However, if you've previously claimed deductions related to the vehicle, such as business use or sales tax, the refund may be subject to taxation.

Does Social Security count a settlement as income?

Do I Have to Report my PI Settlement to Social Security? Yes. Because SSI (and Medicaid) benefits are determined based on income and assets, you will need to tell SSA how much your settlement was.

Will I lose my SSI if I inherit money?

SSI resource limits

A resource limit is the maximum amount of assets (resources) you can have while receiving SSI benefits. An inheritance can make you ineligible for SSI benefits if you are over the resource limit of $2,000 for individuals or $3,000 for couples.

Does owning a car affect SSI?

If you have one car that's used for essential purposes, it won't count against your SSI resource limit. The SSA excludes a vehicle if it's needed for personal transportation, work, or essential errands, such as doctor visits or grocery shopping. If you own more than one vehicle, only one can be exempt.