Avoiding the Plaintiff Double Tax

Jeremy Babener
Jeremy Babener
Structured Consulting

Jeremy advises plaintiffs and plaintiff lawyers on tax strategies at settlement.

Kent Hansen
Kent Hansen
Amicus Law Firm

Kent is a settlement planner and attorney in Logan, Utah.

On-Demand: February 7, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

Since the tax law changes in 2018, many plaintiffs have faced unexpected tax burdens, paying more than they should on their settlements. The new rules have eliminated the ability to deduct legal fees, resulting in plaintiffs being taxed on both the settlement amount and the portion allocated to their legal fees. This issue affects various types of taxable damages, such as emotional distress, defamation, harassment, punitive damages, and interest. Fortunately, using trust strategies prior to settlement can help plaintiffs avoid this "double tax" scenario. In this session, we’ll guide plaintiff attorneys through the key information they need to ensure their clients are not overtaxed.

Key topics to be discussed:

  • Impact of the plaintiff double tax on settlement outcomes
  • When and how the double tax applies in different case types
  • Effective strategies plaintiff attorneys can take to protect clients

Closed-captioning available

Speakers

Jeremy-Babener_Structured-Consulting_myLawCLEJeremy Babener | Structured Consulting

Jeremy advises plaintiffs and plaintiff lawyers on tax strategies at settlement. He serves on the legal committees of the three national settlement planning associations, and previously served in the U.S. Treasury’s Office of Tax Policy.

 

Kent Hansen_myLawCLEKent Hansen | Amicus Law Firm

Kent is a settlement planner and attorney in Logan, Utah. Kent’s education includes a law degree from Texas Tech University School of Law, a master’s degree in Personal Financial Planning from Texas Tech University, and a bachelor’s degree in History from Utah State University.

He is a current board member of the Estate Planning Council of Northern Utah and a former board member of the Society of Settlement Planners.

Agenda

I. Impact of the plaintiff double tax on settlement outcomes | 2:00pm – 2:20pm

II. When and how the double tax applies in different case types | 2:20pm – 2:40pm

III. Effective strategies plaintiff attorneys can take to protect clients | 2:40pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General hour

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 General

Hawaii

Approved for CLE Credits
1.2 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Pending CLE Approval
1 General

Indiana

Pending CLE Approval
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour

Maryland

No MCLE Required
1 CLE Hour

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour

Minnesota

Approved for Self-Study Credits
1 General

Missouri

Approved for Self-Study Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General

Nevada

Pending CLE Approval
1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Approved for Self-Study Credits
1 General

Pennsylvania

Approved for Self-Study Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour

Tennessee

Approved for Self-Study Credits
1 General

Texas

Pending CLE Approval
1 General

Utah

Pending CLE Approval
1 General

Virginia

Not Eligible
1 General hour

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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