Discussion:Wrongful death payment
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Discussion Forum Index --> Tax Questions --> Wrongful death payment
| 23 December 2005 | |
| I am not quite sure if a wrongful death award falls under sec 104(a)(2) and is not taxable . Any comments? | |
| 28 April 2006 | |
| Friday, April 28, 2006
Greetings, Bestcpa. I am not quite sure what is the essence of a wrongful death award. If a wrongful death award is considered an award for physical injury, then the wrongful death award is NOT TAXABLE. If the wrongful death award is considered punitive damages, then it IS TAXABLE. Thank you.
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| 28 April 2006 | |
| Wrongful death is basically a tort, however punitive damages can attach. The proceeds are more applicable in issues of estate inclusion, where value needs to be separated between events that occurred before and after death. In general an award derived from a suit that was instituted after death would not be includable value. | |


