Guide To The New Rules For The Deductibility Of ‘Misconduct’ Payments: Government- And Quasi-Government-Imposed Penalties, Fines, And Other Amounts And Payments Related To Sexual Harassment

Morgan Lewis
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Recent US tax reform legislation P.L. 115-97, commonly known as the Tax Cuts and Jobs Act, made sweeping changes to when and how a taxpayer will be able to deduct payments made to settle claims of particular acts of misconduct, specifically government- and quasi-government-imposed fines and payments related to sexual harassment.

WHAT YOU NEED TO KNOW -

Government- and Quasi-Government-Imposed Fines -

..Like under prior law, taxpayers may not deduct any portion of a payment to the government that is punitive in nature. Taxpayers may still be able to deduct payments for restitution or to come into compliance with the law, but only if a new requirement of disclosing such amounts in the court order or settlement agreement has been satisfied...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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