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Litigation & Settlements

§104(a)(2) Exclusion — Personal Physical Injury Settlements Are Tax-Free

Damages 'on account of' personal physical injury or physical sickness are 100% excluded from gross income.

Overview

IRC §104(a)(2) excludes from income all damages (other than punitive) received on account of personal physical injuries or physical sickness. Includes compensatory, pain & suffering, emotional distress ORIGINATING from physical injury, and lost wages tied to the injury. NOT excluded: punitive damages, emotional distress without physical origin, interest, employment discrimination without physical injury. Settlement agreement wording is CRITICAL — allocation between excludable and taxable components should be explicit and supportable.

Best fit
PI plaintiffsPI attorneys drafting settlementsClass members receiving PI awards
Estimated impact
22–37% federal + state tax on entire recovery

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