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What is IRS code 104?

Updated: 9/15/2023
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14y ago

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Section 104 of the IRS Code concerns punitive damages. Punitive damages are awarded to punish a defendant for outrageous conduct. They're in addition to compensatory damages, which are for actual monetary losses. Punitive damages aren't subject to FICA (Medicare, Social Security) but they're taxable. The amount is reported as income on line 21 (Other Income) of Form 1040.

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