Like office equipment and rent costs, the costs of defending a lawsuit are generally considered to be costs inherent in normal activity and are therefore tax deductible. Not all complaints and legal costs are treated in the same way. Judicial proceedings and legislation have limited the scope of what is considered a legal expenditure of companies and what is not. The memorandum examines a situation in which the amount of the reference fee was explicitly set in the transaction agreement. Therefore, it „must not check whether the parties who provided for this portion of the lump sum payment as compensation or penalty, as they clearly intend to pay it to the Relateur.“ At the same time, the indication of the amount of the exchange tax would not necessarily be decisive for the issue of deductibility. The justification of the memorandum and its dependence on the United States ex 2. Chandler appears to support the view that the amounts due to Relator`s royalties or any other reimbursement as compensation to the government for its investigative costs may be deductible pursuant to Section 162. Of course, it is preferable for the transaction agreement to specify in concrete terms which part of the compensation will be repaid to the state. If the employer wishes to introduce a confidentiality clause or a restrictive contract as part of the transaction contract, a sum of money called „consideration“ must be paid to the worker in order for the clause to be binding. As a general rule, it is a small fee, but subject to tax and subject in the usual way to national insurance.
The tax consequences for a person receiving compensation or a premium can vary considerably depending on the type of debt from which the payment originates. CPAs who are faced with individuals who have received such a payment must understand the specific facts of the underlying claim and, if taxable, whether legal fees were included in the payment. Time will tell the impact of the new law on the resolution of sexual harassment claims. We assume that many large employers will continue to include confidentiality and secrecy provisions, as the additional tax pressure will not significantly affect their balance sheets, particularly as a result of the 35% to 21% reduction in the marginal corporate tax rate.