Generally speaking, amounts received to compensate for damage to property are not taxable. Your settlement documnents should be drafted that way. You definitely need to check with the lawyer handling the lawsuit to make sure that he has done this correctly.

I'm going to add a little wisdom here based on my experience. I've been a tax preparer for 14 years, completed over 3500 returns, and taken more than 500 hours of training. I've had experience with various types of tax organizations. Deciding who to go to to prepare your taxes can be confusing. Let's change that! Here is an explanation of the differences of a CPA, tax preparer, and an EA -- and -- some information about how each of them work. I hope this will help you pick the one that best works for you! ~ An Enrolled Agent (EA) is a designation by the IRS that the individual has passed a knowledge exam on taxes that allows the EA to represent a taxpayer infront of the IRS. An Enrolled Agent may be a tax preparer or a CPA. Not all tax preparers or CPA's are Enrolled Agents. ~ A CPA is Certified Public Accountant. They received this designation by passing knowledge exams on numerous accounting areas. Many CPA's specialize in a specific area of accounting. If you go to a CPA make sure they specialize in taxes. Not all CPA's specialize in taxes or are Enrolled Agents. The CPA must be an Enrolled Agent to represent you infront of the IRS. ~ Tax preparers are trained to prepare taxes. Often they have a educational background or work in accounting but not necessarily. Their knowledge varies based on the number of years they have prepared taxes and educational courses they have taken. Tax preparers at H&R Block begin with a basic training course of 66 hours of class time plus additional hours for updates on new tax law changes and on-the-job training hours. Students of the basic training course must pass a final exam to qualify to work for H&R Block. Experienced H&R Block tax preparers are required to complete a minimum of 30 hours of training each year plus additional hours for updates on new tax law changes. Many tax preparers at H&R Block and smaller tax prep firms are Enrolled Agents. ~ H&R Block charges are determined by the forms used and what is filled in on the form. If you require H&R Block to do bookkeeping (you know that brown bag of receipts) they will charge an additional hourly fee. ~ Most CPA's charge on an hourly basis. From my personal experience the cost of going to a CPA is about 2X the cost of going to H&R Block. Some local firms are even less but may not have an EA or year-around office to help if there is a problem. ~ If you go to H&R Block you will sit with a tax preparer as they prepare your return. The preparer will ask lots of questions, answer questions, and make suggestions for future tax savings. Unless there is a complex tax issue that needs to be researched or missing information, the preparer will complete your return while you are there and you can take it with you when you go. ~ If you go to a CPA they may have you sit with them as they prepare and complete your return -or- they may just have you leave the tax information and call you to pick-up the return when it is completed. ~ Many CPA's hire tax preparers such as myself (often current or former H&R Block preparers) to complete the return. The CPA reviews the completed return and signs it as the preparer and presents it to the client. This is very common in our area especially with larger accounting firms. ~ Tax laws are complex and change each year. I've amended returns prepared by individuals, H&R Block, other tax prep firms, and CPA's. Anyone preparing your return can make a mistake. ~ If you prepare your own taxes on-line be sure to print a copy for your records. The on-line programs are great for simple returns (such as those with just W2's and interest). ~ If you want to purchase tax software Turbo Tax and Tax Cut are the most popular. Be sure to print a copy of your return for your records. The software is a great choice for a return that is not complex and if you are willing to take the time to research items that you are not sure of. ~ If you choose to go to H&R Block or a smaller tax firm call and request an appointment with an experienced preparer and let them know you would like a preparer that will spend time reviewing and explaining your return in detail. They will schedule you with a preparer that meets your needs if they know when you call for an appointment. ~ To find a good CPA or tax preparer ask friends and family for recommendations. Ask them why they like their preparer and see if it matches what your looking for. If you find a someone you like then call next year to schedule an appointment specifically with that person. As for the original poster ... from her explanation they have a rather simple return. If she felt confident to do her own return she could go online and do it. It sounds as though she wants to learn but would like some help this year so going to a professional might be a good idea. Since the return seems to be rather simple I think an experienced tax preparer would be less expensive than a CPA. I'd suggest calling for an appointment in advance and requesting that the appointment be scheduled with an experienced tax preparer that will be willing to answer lots of questions.

Hi Jock Ewing, Being a furriner - I have no useful advice to offer regarding your Incentive funds, tax refund, etc. ... sorry about that. However - I'm with dadoes ... wouldn't it be a good idea for you to plan to reduce your tax refund to close to $0.00? Over the years that I've worked as a personal financial advisor, one of my major suggestions to clients and others was that they reduce their income tax refund to $0.00. Even at low rates of interest ... money in your bank account does develop a small amount of interest, during the year and a quarter to a half or so that some of it would be there. I'd like to suggest that, during the year while your extra large withholding is being held back and sent to the IRS as an interest-free loan, you check with your bank as to the amount of interest that the extra amount withheld would have earned. Then when you receive your tax refund, suppose you take an equal amount and, in the presence of your family, throw it into the street. Do you figure that they would, on the strength of that act, judge you to be a wise manager of money? Not only are you losing the small amount of interest (let's call it a "pittance") that that amount of money would earn if you'd taken it and put it into a separate and inviolable bank account ... it would have been available in case of need to deal with a major emergency expense. The IRS wouldn't have been too sympathetic had you, facing such a need, asked them to pay you a portion of that potential refund during that year. Which relates to another major suggestion that I made to my clients ... that they try to have at least 3 months' income available in easily accessible asset in case of an emergency. With six months', nine months' or a year's amount being built up in case of substantial unexpected need - including, in recent years, a possible extended period of unemployment. I shared with a number of them the information that I often did not have that on hand myself during my years of recent employment, as I held a "credit" (really "debt") card with, usually, zero or almost zero owing, with full amount paid off monthly prior to due date, plus a line of credit at the bank, usually sitting unused (with no set-up or maintenance fee if unused) which I could draw on to pay off the credit card balance due after use to cover an emergency. Actually, I recently signed up for another card, with 1.9% interest rate for 9 mos. on transferred balances, to use to purchase stock, should I so choose, as I would have to pay 5.00% currently on my line of credit but can buy the stock using the first card, then transfer the balance. But - the first card will charge interest at regular rate (about 18%) from the date that I draw on it till the date that it moves to the second card. By the way - I'm 80 and live on less than the income from my three pensions (one governmental with residence requirement, so housewives qualify, a second contributory related to my former income, and a third private contributory one) plus a small annual required amount of withdrawal from a tax-deferred retirement account. That income is much more secure that most employment income, as all that I need do to qualify is ... ... stay topside the grass! Which makes my pension income almost a guaranteed income (as long as the private carrier and the government stay solvent - and ours is a lot closer to that than yours). Do yourself a favour, Jock, please - set up a bank acocunt that you promise to leave alone except in case of extreme emergency ... and deposit the amount of withholding overcharge from every paycheque. With a name such as yours - you may have a drop or two of Scottish blood in your veins ... and you know their reputation for being careful with the use of money. Good wishes for what's left of winter, the spring - and the rest of the year. ole joyful

The law is not necessarily gray; it's just that none of those of us who have responded knows the law in your state. As for asking the advice of real estate agents here, well think about it. You have already asked for the advice of your future colleagues, who all work in your state according to its laws, and they have either hedged or given you conflicting advice. The question of rebates is very controversial in the real estate community, as there is a rift between "new business model" outfits like Redfin and traditional real estate agents. Under these circumstances, you are unlikely to get unbiased, complete information from anyone other than a legal professional whom you hire to work for you. That professional will not only know the answer, he will be legally obligated to give you correct legal advice. People on this forum can be wonderfully knowledgeable and helpful, but, as Lorelei Lee put it, "There may come a time when a lass needs a lawyer."