T
The Daily Insight

Is settlement money taxable in California?

Author

Emma Jordan

Published Mar 28, 2026

The majority of personal injury settlements are tax-free. This means that unless you qualify for an exception, you will not need to pay taxes on your settlement check as you would regular income. The State of California does not impose any additional taxes on top of those from the IRS.

How do I file a lawsuit settlement on my taxes?

If you receive a settlement, the IRS requires the paying party to send you a Form 1099-MISC settlement payment. Box 3 of Form 1099-MISC will show “other income” – in this case, money received from a legal settlement. Generally, all taxable damages are required to be reported in Box 3.

Where do you put attorney fees on tax return?

Legal fees that are deductible Fees that are ordinary and necessary expenses directly related to operating your business (should be entered on Form 1040, Schedule C).

Do you have to pay taxes on a legal settlement?

Unfortunately, the answer is no. You must pay tax on the entire award you receive, including the amount taken out and paid to your attorney. Similarly, if the losing side is ordered by the court to pay your attorney fees and costs, the amount must be included in your taxable income.

Do you have to pay taxes on a settlement check in California?

This means that unless you qualify for an exception, you will not need to pay taxes on your settlement check as you would regular income. The State of California does not impose any additional taxes on top of those from the IRS.

Do you have to include attorney fees in a settlement?

For taxable settlements including attorney fees, the amount will likely be treated as though you have received the full $100,000 in income. Even if the defendant directly pays the attorney fee, you should include the attorney fee as though it is part of your taxable income from the settlement payout.

What do you need to know about personal injury settlements in California?

Here’s what you need to know about settlement taxation in California. Most personal injury settlements include payments for different types of damages. For example, a car accident settlement may involve recovery for medical bills, lost wages, property damage, emotional distress, and attorney’s fees.