New IRS Regulations Make Certain Damage Awards and Settlements Non-Taxable

Taxation of Damage Awards and Settlements

The IRS issued new regulations on January 23, 2012, regarding the taxation of damages for injuries or sickness received through settlement or judgment. The new regulations, 77 Fed. Reg. 3106, maintain the previous rule that emotional distress damages received through settlement or judgment are taxable income. However, if the emotional distress is attributable to a physical injury or sickness, the damages may be non-taxable. Some medical expenses for emotional distress are also excluded. Another change in the regulations strikes the old requirement that excluded that the damages must be based on an action that sounds in tort. Now, the regulations provide for much broader coverage of damages.

In an employment discrimination, harassment, or retaliation context, this means that a plaintiff’s recovered damages, whether through settlement or judgment, may be non-taxable if those damages resulted from physical injury or physical sickness, or if they resulted from emotional distress that was caused by or exacerbated by physical injury or physical sickness. Taxation issues may not be thought of when employees suffer workplace discrimination, workplace harassment, or retaliation for reporting wrongful activity. Know that in some cases the damage settlement or judgment resulting from these wrongful employment practices is non-taxable. Employees who believe that they have been discriminated against, harassed, or retaliated against should contact Clayton Wire or Emily Fiscus. Call Ogborn Mihm LLP immediately to discuss potential claims. We are not tax attorneys. However, we can help wronged employees get to the point where they need to worry about tax matters.

Published by
Clayton E. Wire

Recent Posts

$1.2 Million Jury Verdict for Defense Contractor Whistleblower

Ogborn Mihm attorneys Clayton E. Wire and Megan K. O’Byrne secured a $1.2 million federal…

2 days ago

Ogborn Mihm Earns 14 Rankings in the 2027 Edition of Best Law Firms®

Ogborn Mihm LLP earned a National Tier 3 ranking in Construction Law and 13 regional…

1 week ago

Can I Sue for a Concussion or Brain Injury in Colorado?

Yes, potentially. Under Colorado law, a person who suffers a concussion or traumatic brain injury…

2 weeks ago

Advanced Neuroradiology Images in Brain Injury Cases: Proving TBI in Court

One of the hardest parts of a traumatic brain injury (TBI) claim is that the…

2 weeks ago

What Is a Mild Traumatic Brain Injury?

A mild traumatic brain injury (mTBI) is a brain injury caused by a blow, bump,…

2 weeks ago

Ogborn Mihm Attorneys to Lead CTLA for Three Consecutive Terms

DENVER (October 20, 2026) – Ogborn Mihm LLP partner Megan Matthews has been named President…

2 weeks ago