The Money Mustache Community
Learning, Sharing, and Teaching => Ask a Mustachian => Topic started by: brandino29 on July 31, 2013, 07:19:21 PM
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My fellow mustachians,
My mother and her partner just recently settled a lawsuit against his former employer for $125,000. After the lawyer took his generous cut of $45k they're left with $80k. Is a windfall like this taxed as if it were normal income (it was backpay afterall) or at 30% as a short-term gain?
The next question is what to do with it. They're already buying a new vehicle (which they probably did need), but at least I was able to convince them they did not need a brand new 2013 Toyota Tundra. Instead they ended up with a 2011 Toyota Tacoma for $6k less (I'll take that as a win). And they do have a few thousand on a HELOC to pay off. My mom is in her early 50s but he's a little older at 62 with low risk tolerance and limited savings, including no real emergency fund. I've recommended doing a 12 or 24 month CD ladder with them or possibly a bond fund, but mainly I believe they need something with very low risk --- but obviously more than the .05% in a standard savings account.
Any other thoughts?
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If it was for back wages, it should be subject to the same tax as wages (i.e., federal income tax and employment taxes). It should not be taxed as short-term capital gain (although, FYI, short-term gain is subject to tax at the same rates as ordinary income, but would not be subject to employment tax unless they are compensation related equity).
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Thanks Mustang. So you think we should anticipate them having to contribute to FICA? Would they also then be responsible for the employer's portion?