Survivor Justice Tax Prevention Act
The Survivor Justice Tax Prevention Act would expand the federal tax exclusion for damages received in a civil case under Internal Revenue Code section 104(a)(2). Currently, damages for personal physical injuries or physical sickness are excluded from gross income. The bill would add damages received on account of sexual acts or sexual contact to this exclusion, but would continue to tax punitive damages. It also adds a modest changes to how such damages must be substantiated—allowing that the damages can be treated as on account of a sexual act or contact if the judgment or settlement states it, and clarifying that lack of medical records cannot automatically defeat that treatment. The effective date is for judgments and settlements entered after the date of enactment, with specific rules for when a judgment or agreement is treated as after enactment. Finally, the act directs the Treasury to run a public-awareness program about this exclusion. In plain terms, if someone receives money from a lawsuit or settlement specifically for sexual acts or sexual contact (non-punitive), that money would generally be excluded from taxable income, increasing the after-tax value of such damages for survivors or victims. Punitive damages would remain taxable. The bill also lowers some documentation hurdles for proving the purpose of the damages and adds outreach to inform the public about the exclusion.
Key Points
- 1Expands the tax exclusion to include damages received on account of sexual acts or sexual contact, in addition to the existing exclusion for personal physical injuries or physical sickness; punitive damages remain taxable.
- 2New substantiation rule clarifies that damages can be treated as on account of a sexual act or sexual contact if the judgment or settlement states so, and removes the requirement that medical records prove the act to maintain the exclusion.
- 3Effective date: applies to amounts received from judgments or agreements after enactment; special rules determine when a judgment or agreement is treated as after enactment (first payment date for judgments; replacement/revision of existing agreements for agreements).
- 4Public-awareness provision: Treasury, in consultation with the DOJ Office on Violence Against Women and other agencies, must promote public awareness of the exclusion.
- 5Defined by reference to federal law: uses the definitions of "sexual act" and "sexual contact" as found in 18 U.S.C. section 2246, ensuring alignment with criminal-law definitions.