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are settlement fees deductible

 

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Subject Author Date
are settlement fees deductible removeps-groups@yahoo.com 09-10-2009
Posted by removeps-groups@yahoo.com on September 10, 2009, 12:04 am
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This year I'm getting lots of class action settlement forms. Big
companies are being sued for all sorts of things -- not disclosing
their hidden fees or their monthly fees, recording your calls without
your consent, etc. So I'm wondering if the amounts the companies pay
is deductible to them.

Section 162(f) says:

(f) Fines and Penalties -
No deduction shall be allowed under subsection (a) for any fine
or
similar penalty paid to a government for the violation of any
law.

So if the payment is made to customers, I imagine it would be
deductible. But not if the payment is made to the US, any state, or
any foreign government. I did find an interesting article at
http://www.cfo.com/article.cfm/12542705/c_12539422?f=TodayInFinance_Inside.

What if the payment is made to lawyers? Is it deductible then?

What if the payment is a coupon? Like $20 of your next order,
expiring in June/30/2012. One would imagine the coupon reduces the
revenue, so the revenue will just be reduced, and there is no writing
off of the settlement payment regardless of whether the company is on
cash or accrual basis.

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