Discussion:Taxability of Severance Pay

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Discussion Forum Index --> Tax Questions --> Taxability of Severance Pay

Dclearyea (talk|edits) said:

23 March 2007
Question - TP received an award for damages of being wrongly terminated, the company is labeling as "severance pay." Any ideas on this being considered taxable or not?

Jdugancpa (talk|edits) said:

23 March 2007
Yes

Taxea (talk|edits) said:

23 March 2007
severance pay is income and is taxable...I would suggest looking at the fine print of the award...however under the circumstances stated it looks taxable to me taxea

Ramfan (talk|edits) said:

3 January 2008
Would this be subject to self employment tax???

I have a customer that along with several others had to sue their former employer over promised severance pay.

7 years later they won the court case and the checks were distributed from the attorney just before years end. The statement from the attorney states that they will not recieve a 1099 but must included money as income and I realize that but I am wondering about self employment taxes. Before they were all w-2 employees

Death&Taxes (talk|edits) said:

3 January 2008
They are not in a trade or business of being disgruntled employees. No SE Tax.

Irsfixer (talk|edits) said:

3 January 2008
D&T - by that measure I have had employees who should have gotten a 1099.

Ramfan (talk|edits) said:

3 January 2008
Thanks, found the answer right after I posted it here.

Thanks for the quick response

Jdugancpa (talk|edits) said:

3 January 2008
Seems to me as though it would be subject to FICA taxes since payment resulted from employment.

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