Loopholes > Federal > Exclusion of Damages for Physical Injury or Sickness
DEDUCTION HIGH SAVINGS INDIVIDUAL

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

§ 104. Compensation for injuries or sickness(a) In generalExcept in the case of amounts attributable to (and not in excess of) deductions allowed under section 213 (relating to medical, etc., expenses) for any prior taxable year, gross income does not include—(1) amounts received under workmen’s compensation acts as compensation for personal injuries or sickness; (2) the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness; (3) amounts received through accident or health insurance (or through an arrangement having the effect of accident or health insurance) for personal injuries or sickness (other than amounts received by an employee, to the extent such amounts (A) are attributable to contributions by the employer which were not includible in the gross income of the employee, or (B) are paid by the employer); (4) amounts received as a pension, annuity, or similar allowance for personal injuries or sickness resulting from active service in the armed forces of any country or in the Coast and Geodetic Survey or the Public Health Service, or as a disability annuity payable under the provisions of section 808 of the Foreign Service Act of 1980; (5) amounts received by an individual as disability income attributable to injuries incurred as a direct result of a terroristic or military action (as defined in section 692(c)(2)); and (6) amounts received pursuant to—(A) section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796); 11 See References in Text note below. or (B) a program established under the laws of any State which provides monetary compensation for surviving dependents of a public safety officer who has died as the direct and proximate result of a personal injury sustained in the line of duty, except that subparagraph (B) shall not apply to any amounts that would have been payable if death of the public safety officer had occurred other than as the direct and proximate result of a personal injury sustained in the line of duty.

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