It depends. Damages received on account of a personal injury that isn’t a physical personal injury are fully includible in gross income. Only compensatory damages for personal physical injury are tax free. Punitive damages are always taxable. Sexual harassment may not necessarily involve any physical injury. Physical ailments resulting from sexual harassment, including emotional distress, may not be sufficient to permit tax-free treatment of a recovery. Bottom line: It depends on the circumstances and what the settlement (and Form 1099-MISC) details. Discuss this with a knowledgeable tax adviser.
Items, such as interest, state and local income and sales taxes, charitable contributions, and medical deductions, claimed on Schedule A of Form 1040. Itemized deductions are subtracted from adjusted gross income to arrive at taxable income. The amount of itemized deductions is also subject to a reduction when adjusted gross income exceeds certain limits.