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 ?
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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6 lawyers agree
Ethics / Professional Responsibility Lawyer
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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Divorce / Separation Lawyer
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.
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Personal Injury Lawyer
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.