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I have a settlement and confidentiality agreement for personal injury. They did not allocate the monies. How do I determine tax?

Apopka, FL |

The confidentiality clause is for both parties , but is 100% repayable if I breach confidentiality . Do I have to pay taxes on 100% of the money even though the claim was for personal injury ? In familiar with the Amos case involving Dennis Rodman , can I assume that the 60 / 40 is right in my case ? What do I need to look for in my settlement papers to determine so ?

Attorney Answers 6


  1. Despite the confidentiality clause you are entitled to speak with a CPA and an attorney regarding the issues of tax compliance. Both of those parties owe you a duty of confidentiality. You should first speak with your attorney. They may have allocated the the money based on the wording of the agreement. They may also refer you to a tax attorney or cpa that they use for consulting on these issues. Your attorney likely will help you on this issue.

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  2. Generally there is no tax owed on a personal injury settlement. On the off chance there is something unusual about your case, by all means discuss this with a tax advisor. Confidentiality does not apply to such a consultation.

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  3. You are entitled to speak with a tax professional regarding the tax implications of the structuring of your settlement. My colleagues are correct in that generally personal injury settlements are non-taxable, but depending on how the settlement is worded or funds allocated there may be tax implications. Have a consultation with a tax attorney or CPA. Good luck.

    ** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655


  4. I do not believe that net proceeds to a client recovering monies as part of a personal injury settlement are taxable.


  5. Unless there was a lost wage component, pain and suffering money is not taxed.

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  6. First, at least here in Florida, most personal injury settlements are not apportioned between the various types of damages. That normally only happens if the case is tried and the jury completes the verdict form. This is a question for your CPA, and most attorneys (myself included) will have disclaimer language on the closing statement advising client that no tax advice is implied. I think you are concerned because you think the consideration for the confidentiality agreement may be taxable. Again, talk to your CPA.