Customers often ask Insurance agents for local and national companies if there is an insurance settlement agreement with an insurance claim they had and if they need to pay a tax for the insurance settlement. Like so many things with insurance, the answer depends on the case.
Are Accident Insurance Settlements Taxable?
The short answer is that some aspects of insurance settlements are taxable, and others are not. Understanding which parts of your compensation are taxable is crucial, especially if you want to keep up with the IRS.
Consider this your tell-all guide to taxable insurance settlements.
Facts About Taxability And Car Accident Settlement
Talking about income taxes can be confusing with all the bureaucratic terminology and regulations. Sometimes, the answer to whether or not you have to pay taxes on something can be complicated. The IRS only taxes income that increases your net worth or wealth. This is why, for example, they tax a certain amount of winnings from a casino.
As a general insurance rule, funds used to fix or replace your vehicle aren’t taxable.
However, what is considered non-economic damages, such as emotional damage, emotional distress, or mental anguish, from a car accident may be taxable, depending on the car insurance payout. Auto insurance settlements that are taxable are worker’s compensation.
Why Are Some Insurance Settlements Taxable?
You can tell when an insurance settlement agreement will be taxed. Your auto insurance coverage isn’t designed to earn you a profit when you file an auto insurance claim. A car insurance claim reimburses you for car repair or medical treatment costs after a car accident. If all goes well, you will receive an auto insurance payout that leaves you right where you were before the auto accident, finances-wise.
Remember that the IRS only taxes significant changes to your wealth or net worth. This is why car insurance payouts for auto and property damage aren’t often taxed. In contrast, insurance payouts for emotional suffering have tax implications. It all depends on your insurance settlement agreement details, types of damages, and types of compensation.
What are some examples of a car accident settlement?
Let’s look at an example of an auto insurance settlement to see what would be taxable.
Let’s say you damage your car, and repairs are $6,000. You are also injured and have to miss work for a while, resulting in around $4,000 in lost wages and $5,000 in medical bills.
Your auto insurance policy also covers pain, emotional distress, and suffering caused by car accidents, which is around $7,000. This adds up to a total insurance settlement of $22,000. The question is, what part of this insurance settlement will be taxed?
First, the repair or replacement of your car will not be taxed, as there is no increase in wealth or profit from this car insurance payout. It will return you to the financial position before your car accident. The same is said for the insurance coverage for your medical bills.
However, your worker’s compensation for missing work and settlement for pain and suffering increase your wealth because you did not have this money at the time of your auto accident. Therefore, the IRS will tax you for your worker’s compensation and the settlement payments for pain and suffering. This would mean that $11,000 of your $22,000 settlement is taxable.
What is Taxable From an Insurance Settlement?
To review, here is what is and isn’t tax-exempt in insurance settlement payments:
- Car repair/replacement - Tax exempt
- Lost wages - Taxable
- Medical bills - Tax exempt
- Physical pain/suffering - Tax exempt
- Emotional pain/suffering - Taxable
Why is Car Repair and Replacement tax exempt?
The most common scenario in which you may receive compensation for a vehicle insurance claim is following damage or loss caused by an auto accident. The compensation may be to repair or replace your automobile after a collision or a car accident. However, it can also cover acts of vandalism and other vehicle damage. This money is not taxable compensation. You aren’t financially better off after the lawsuit; therefore, this cannot be considered taxable income.
Why Are Lost Wages Taxable?
Your pay from work is taxed, so any new pay will also be taxed and considered a taxable gain. A major vehicle accident might result in significant personal injuries. If you cannot work, your insurance company may pay you compensation.
In most cases, this compensation money will be taxed since it will be regarded by personal income tax law as income rather than reimbursement. Compensation for lost earnings is meant to replace the income you would have earned had you not been harmed.
You may be compensated for future missed earnings if you don’t fully recover. Taxes on missed income might be complicated; you may wind up paying a higher tax rate than you would have if your contract is structured correctly.
Why Are Medical Bills Tax Exempt?
Your insurance company will generally pay medical expenses to the hospital directly or reimburse you for medical expenses you have already paid for your personal injury, which are not considered income. Your personal injury protection insurance often covers personal injury settlements if you were at fault for car accidents or motorcycle accidents.
However, the IRS lists one notable exception: you may be taxed for medical bills. Insurance payouts for medical reasons are typically taxable when a certain amount is deducted for a tax benefit. Any previous medical deductions are also paid for in the same year of the insurance settlements. You can only make a medical deduction if it exceeds 10% of your regular income.
Why Pain And Suffering Settlements Can Be Taxable?
Pain and suffering settlement payments due to a physical injury aren’t taxable. You would have to pay for something like medication under normal circumstances, so it doesn’t qualify as income.
When the pain and suffering settlement is made based on non-economic damages, such as emotional damage, it becomes taxable under personal income tax rules. This is because you paid for an accident attorney’s service and have to pay a tax—the insurance settlements you’re entitled to qualify as income for personal income tax purposes.
Can You Reduce The Tax You Owe After an Insurance Settlement?
There are a couple of routes to pay less on the taxes you owe or even have them dropped altogether after insurance settlements. By hiring an accident lawyer, they can help you in the following ways.
Structured Car Insurance Settlement
If you are entitled to a large settlement, you can elect to have it paid out as a structured settlement. This means that you’ll be getting your insurance payment gradually over time instead of all at once. This allows some of the insurance settlements to be tax-exempt.
Your car insurance provider uses an annuity with interest that accumulates. It’s the money paid out by the annuity, not the tax-exempt insurance payment. You would list this on the 1099 Form when you do your taxes. Those who opt for a structured settlement save up to 35%.
Damage Classification in Insurance Settlements
If you were to sue a driver, the damages they caused are classified as general damage or special damage. Damage classification plays a role in determining whether taxes are to be paid.
Special damage is caused by things such as lost wages, usually taxable under personal income tax law. Meanwhile, general damages are physical injuries, pain, and suffering (more subjective). These are less likely to be taxed. Ironically, special damage is more straightforward to quantify than general damage.
Consult an attorney if you need clarification on what part of your insurance settlement is taxable. Remember the golden rule: it is not tax-exempt if it increases your net worth or acts as income.
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