Here is some tax news that I’m not happy about.
A bipartisan bill that would exempt wildfire settlements from federal taxation is now mired in election-year politics that could leave hundreds of Oregonians facing massive tax bills on settlements they’ve received from PacifiCorp after the devastating 2020 wildfires.
The federal stalemate comes after the Oregon Legislature unanimously passed my bill during this year’s short session to exempt those settlements from state taxation.
Wildfire survivors continue to pursue compensation for losses and emotional harm in Oregon Courts. Many cases have already been resolved. Last summer, a jury found PacifiCorp liable for some fires and determined that its actions before and during the fire were grossly negligent, reckless, and willful. Settlements or awards range into the millions of dollars for some plaintiffs.
Settlements of that size, however, will push many victims into the highest federal tax bracket of 37%.
As it stands, the federal government taxes victims on the entire amount of any settlement or jury award as ordinary income. That includes a substantial portion they never see: the 25% to 40% cut that typically goes to their attorneys. And due to a change in tax law passed during the Trump administration, victims who aren’t filing business returns can’t deduct those attorney’s fees from their settlement income. Meanwhile, attorneys are also required to pay taxes on the settlement fees, so those fees are taxed twice.
So – if you receive $1 million from a jury, pay $370,000 in federal taxes and $400,000 in attorney fees, you end up with $230,000. That means victims, many of whom are still reeling financially as they look to rebuild and get their lives back on track, could end up with as little as 25% of the gross amount they are awarded by a jury or in mediation.
Let’s hope for a resolution of this federal logjam soon! |