This bill exempts from federal income tax any monetary awards related to claims of sexual harassment or nonconsensual sexual acts.
Lois Frankel
Representative
FL-22
The "Tax Fairness for Survivors Act" exempts from federal income tax any monetary awards from settlements related to sexual assault or sexual harassment claims. This exemption also applies to social security, railroad retirement, unemployment taxes, and wage withholding. This change applies to taxable years starting after the enactment of this law.
The "Tax Fairness for Survivors Act" makes a simple but significant change: it stops the IRS from taxing any money survivors receive from sexual assault or harassment settlements. Starting the year this bill is enacted, these payments will be completely exempt from federal income tax, Social Security, and other payroll taxes.
This bill directly addresses a major financial burden for survivors. Previously, settlement money could be taxed, effectively reducing the amount intended to help with recovery and rebuilding. Under this new law, if a survivor receives a settlement—whether it's a lump sum or spread out over time—none of that money will be touched by federal taxes. This includes claims stemming from nonconsensual sexual acts or sexual contact where the victim couldn't consent, and also covers sexual harassment claims (Section 2).
For example, imagine a retail worker who wins a settlement after experiencing workplace harassment. Under the old rules, a chunk of that money might go to taxes. With the "Tax Fairness for Survivors Act," that entire settlement is theirs, tax-free. The same goes for someone working any job – from an office worker to a construction worker - if they receive a settlement related to sexual assault or harassment, the money is fully theirs to keep.
By eliminating these taxes, the bill acknowledges the often-heavy financial toll of sexual assault and harassment. It's not just about the immediate trauma; there can be long-term costs, from therapy to lost wages. This change means survivors get to keep the full amount awarded to them, providing more resources for their recovery.
While the bill aims to do good, there’s one potential area to watch. The law needs a very clear definition of "sexual harassment." Without that, there’s a risk that some might try to misclassify other types of income to avoid taxes. Making sure the rules are crystal clear will be crucial for this bill to work as intended – helping actual survivors without creating loopholes.