Free tool · IRC §104 rules

Settlement tax calculator

Most injury money is tax-free — but not all of it. Split your settlement into its parts and see what the IRS can touch, with the rule for each line shown.

Reviewed August 24, 2026 · methodology · changelog
Free · No sign-up · IRC §104 rules

Is your settlement taxable?

Estimated after-tax settlement$0

Educational estimate under IRC §104(a)(2), not tax advice — confirm your situation with a CPA or tax professional.

The rule, plainly

IRC §104(a)(2) in one paragraph

The tax code excludes from income any damages received "on account of personal physical injuries or physical sickness." That one phrase decides everything: money that flows from a physical injury — medical bills, pain and suffering, even lost wages in a personal injury case — is tax-free. Money that doesn't — punitive damages, interest on the award, employment-claim wages, emotional distress without physical injury — is ordinary income.

Why settlement wording matters

The IRS reads your settlement agreement. An agreement that allocates $90,000 to bodily injury and $10,000 to interest produces a very different tax bill than a lump sum the IRS characterizes after the fact. Before signing, make sure the agreement's allocation matches the reality of your claim — and confirm the outcome with a tax professional.

Common questions

FAQ

Do I pay taxes on a personal injury settlement?

Usually not on the core of it. Compensation for physical injuries or physical sickness — including the pain and suffering and medical costs that flow from them — is excluded from income under IRC §104(a)(2). Punitive damages, interest, and most employment-claim wages are taxable.

Is emotional distress money taxable?

It depends on the origin. Emotional distress that flows from a physical injury is tax-free with the rest of the injury award. Emotional distress on its own — say, from a discrimination claim with no physical injury — is taxable, minus any medical costs you paid to treat it.

Are punitive damages ever tax-free?

Effectively no. Punitive damages are taxable even when the underlying case is a physical injury. If your settlement doesn't allocate amounts between compensatory and punitive, the IRS can characterize it for you — good settlement agreements spell the allocation out.

What about my attorney's fee — do I pay tax on that part?

In a tax-free physical injury case it doesn't matter. In taxable cases it can hurt: you may owe tax on the gross amount even though your attorney kept a third of it, unless an above-the-line deduction applies (as it does for many employment claims). This is exactly the situation to run past a CPA.