My car was damaged in an auto accident involving another driver. The other insurance company declared that I was
100% at fault and paid zero. I disagreed and took them to small claims court. I asked for damages for their frivolous position. The judge agreed. She awarded punitive damages for their frivolous position. My actual damages were $2000, but the judge awarded me $2500, is the other $500 taxable?
I didn't know you can get punitive damage in small claims.
Yes. Report it on line 21 of Form 1040.
"My actual damages were $2000, but the judge awarded me $2500, is the other $500 taxable?" The $2,000 is property damage for your car so it is NOT taxable as long as the $2,000 is not more than the basis of your car. For exampe, if last week you paid $1,200 for the car, then $800 would be taxable. The $500 punitive damages are taxable.
Rudy
Disclaimer: The posted answer is for educational purposes only and Lizcano Tax Services, LLC and/or Rodolfo Lizcano have not been engaged to render any tax, accounting, legal, or other professional services.
The $500 punitive damages are taxable as ordinary income.
Since the judge awarded you punitive damages, that portion of the award that constituted punitive damages is taxable income to you. See, e.g., Lukhard v. Reed, 481 U.S. 368 (1987)("Punitive damages ... are a windfall .. rather than compensation."). Here, if the court accepted your argument and evidence that your actual damages were $2,000, that should be sufficient support for the claim that only the excess of $500 represented punitive damages. Thus, to the extent that the then fair market value of your car did not exceed your adjusted basis in the car, you would not have realized any gain as a result of the "involuntary conversion" of part of your car into cash (i.e., the compensatory damages), and thus should not have any further taxable income to recognize under Sec. 1033, even if you did not spend the $2,000 (or an equal amount out of your own pocket) on repairing the damage caused.
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