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March 25, 2024
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Lemon Law settlement TAXABLE ?

  • March 25, 2024
  • 1 reply
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I won a lemon law settlement of 45,000 ( $28,500 actual damage + $16,500 additional damage ( $30,000 x 55%) . It was on the check, $45,000.  The attorney  firm got $13,500 ($30,000 x 45%).  I was able to KEEP the car.  I originally bought the car for 28,500.  What do I pay tax on? 

 

My case was I KEPT the car. 

Do I have to pay tax on $45,000 or on $16,500 ? 

 

Please help me.

    Best answer by mglauner

    Generally, any proceeds above the price you paid for the car are considered Capital Gains. 

     

    Here's more info on Taxability of Settlements and How Capital Gains are Taxed

     

    1 reply

    mglaunerAnswer
    March 25, 2024

    Generally, any proceeds above the price you paid for the car are considered Capital Gains. 

     

    Here's more info on Taxability of Settlements and How Capital Gains are Taxed

     

    tamtrinhAuthor
    March 25, 2024

    Hi Marilyn, 

    My case was I kept the car. The proceed was $45,000 ( the amount I got on my check), the price I paid was $28,500. Therefore the capital gain will be $16,500. Is it correct? 

     

    Thank you.  

    April 1, 2024

    Yes, that's correct.

     

    Here's more discussion on Lemon Law Settlements.