There are a number of areas in the tax code that cause
confusion as to the taxability of money received. Here are some of the most
common areas of confusion.
Unemployment
compensation. Unemployment compensation is typically required to be
reported as taxable income. So you could be facing a tax surprise if you
received unemployment income this year. There are historic cases where
federal and state taxing authorities are authorized to exempt unemployment
income from taxation, so this is an area worth watching for possible future
legislation.
Free
services. Receiving free services is almost always taxable as
ordinary income under IRS barter regulations. You should report the fair
market value of services received as income on your tax return. If you
exchange services, you can deduct allowable business expenses against the
value of the services provided. So if you are trading goods or services,
now is the time to be tracking this information.
Illegal
activities. Even income received from illegal activities is considered
taxable income and must be reported on your tax return. The IRS even states
that stolen items should be reported at their fair market value on the date
the thief stole the item!
Jury
duty pay. This is taxable as ordinary income. Yes, even doing your
civic duty can be a taxable event.
Legal
settlements. A general rule of thumb with legal settlements is to
consider what the settlement replaces. If the settlement replaces a taxable
item, like lost wages, the settlement often creates taxable income. This
area is complex and often requires a detailed review.
Life
insurance proceeds. Life insurance proceeds paid to you because of the death of
an insured are generally not taxable. There are, however, a number of
exceptions to this general rule. For example, you could have taxable income
if you receive benefits in installments above the value of the life
insurance policy at the time of death or if you receive a cash payout of a
policy.
Prizes. Most prizes received
should be reported as ordinary income using the fair market value of the
item received. This area has been a major surprise to contestants on game
shows, along with celebrities who receive large gifts at events like the Academy Awards.
Alimony. Alimony is taxable to
the person who receives it and deductible to the person who pays it for
divorce decrees prior to 2019. For all divorces finalized in 2019 and
later, alimony is neither deductible by the person who paid it nor deemed
additional income by the person receiving it. So be aware of these new
rules if you are considering a change to old divorce decrees. Make sure you
have proper documentation as part of a divorce decree to support your tax
position.
Child
support. Child support is not taxable to the person who receives it
on behalf of the dependent. It is also not deductible by the person who
pays it.
Some of these
areas can be complicated, so please call to discuss if any of these
situations apply to you.
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