Exclusion of Damages for Physical Injury or Sickness
IRC §104(a)(2)
Gross income does not include the amount of any damages (other than punitive damages) received on account of personal physical injuries or physical sickness, whether by suit or agreement.
Eligibility
Taxpayer must receive a settlement or court award specifically tied to a physical injury or physical sickness. Emotional distress damages are only excludable to the extent of actual medical care costs unless they stem from a physical injury.
Frequently Asked Questions
Who is eligible for the Exclusion of Damages for Physical Injury or Sickness?
Taxpayer must receive a settlement or court award specifically tied to a physical injury or physical sickness. Emotional distress damages are only excludable to the extent of actual medical care costs unless they stem from a physical injury.
How does the Exclusion of Damages for Physical Injury or Sickness work?
Gross income does not include the amount of any damages (other than punitive damages) received on account of personal physical injuries or physical sickness, whether by suit or agreement.
What law authorizes the Exclusion of Damages for Physical Injury or Sickness?
The Exclusion of Damages for Physical Injury or Sickness is authorized under IRC §104(a)(2) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §104
Source: Internal Revenue Code, Title 26, United States Code
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Legal Sources
US Code (Official) — 26 USC §104 → Cornell Law Institute — 26 USC §104 → Search IRS.gov for IRC §104(a)(2) → Treasury Regulations (26 CFR) →Discovered by: discovery_engine_v1
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