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Tax,
Insurance

Apr. 22, 2025

Insurance payments, bad faith claims and taxes

Insurance payments, including those for wildfire-related damages or bad faith claims, can be tax-free under certain conditions, but complexities in the tax code, such as the treatment of settlements and the IRS's evolving interpretations, make it crucial for taxpayers to carefully navigate insurance recoveries to avoid unintended tax liabilities.

Robert W. Wood

Managing Partner
Wood LLP

333 Sacramento St
San Francisco , California 94111-3601

Phone: (415) 834-0113

Fax: (415) 789-4540

Email: wood@WoodLLP.com

Univ of Chicago Law School

Wood is a tax lawyer at Wood LLP, and often advises lawyers and litigants about tax issues.

Some types of insurance payments are treated as tax-free by the IRS. For example, if you pay for car insurance and your insurance carrier later repairs your car after an accident, the amount of the repair bill is not attributed to you as income. The same concept can apply in some other areas too. For example, with the recent wildfires, there is an understandable focus on insurance coverage.

The tax code allows taxpayers to exclude from their income ...

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