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Signing Over A Check, Can I Sign Over The 1099-MISC Too?

Hi I recently got a settlement check from a previous employer, due to wrongful employment. During my time of unemployment/disability my aunt helped me through a lot, she paid my tuition, some medical bills, let me stay with her as needed and even gave me an old car. She never expected anything in return, but now that I have this settlement I would like to sign the entire thing over to her as a thank you, but I don't want to deal with the taxes, she would be responsible for the taxes and I know she would be okay with that. The problem is it came with a 1099-MISC, how can I get that put into her name/SSN so I can just sign this check over to her and let her pay the taxes on it? OR if I just give her the 1099, would she be able to pay the taxes on it next year and just include an explanation to the IRS that the check was signed over to her and that's why she's paying the taxes on it?
1099-MISC
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JAMES KOVAL
What is the amount of the settlement? When did you receive the settlement? Is there a settlement letter that breaks down what the amount is for? Why don't you want to deal with the taxes - what does that mean? For the tax year in question, did you make more money than your aunt?
Reply 366 weeks ago
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Tax Professional Answers

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Randall Klein
As you were the one that was employed and was the subject of the tort or injury, you were the one that was paid. Therefore, you are the rightful recipient of the money and the tax document. You are fully responsible for the tax on that income. What you do with your funds AFTER you have received them is a personal choice and a personal expense that has NO tax effect. You may not transfer your tax liability to someone else.

Think of it this way: Had you NOT been injured or relieved of duty, you would have earned an income and paid for the cost of "living"...meals, shelter, medical care, etc. on an after-tax-basis. Even if your Aunt provided you all these things while you worked, you would not give her any of the responsibility of paying tax on the income you earned at work.

Here, you just reversed the timing of the money. You had your Aunt provide you with food, shelter and care that you are paying her back once you received your money. But it was still YOUR employment or loss of employment that caused payment to be due to you, so you are stuck with the tax bill, I'm afraid.
Leave a Comment 365 weeks ago

 

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