FS-2023-11, April 2023 This Fact Sheet is about frequently asked questions that address the federal income tax consequences of compensation payments for forced sterilization. These frequently asked questions (FAQs) are being issued to provide general information to taxpayers and tax professionals as expeditiously as possible. Accordingly, these FAQs may not address any particular taxpayer's specific facts and circumstances, and they may be updated or modified upon further review. Because these FAQs have not been published in the Internal Revenue Bulletin, they will not be relied on or used by the IRS to resolve a case. Similarly, if an FAQ turns out to be an inaccurate statement of the law as applied to a particular taxpayer's case, the law will control the taxpayer's tax liability. Nonetheless, a taxpayer who reasonably and in good faith relies on these FAQs will not be subject to a penalty that provides a reasonable cause standard for relief, including a negligence penalty or other accuracy-related penalty, to the extent that reliance results in an underpayment of tax. Any later updates or modifications to these FAQs will be dated to enable taxpayers to confirm the date on which any changes to the FAQs were made. Additionally, prior versions of these FAQs will be maintained on IRS.gov to ensure that taxpayers, who may have relied on a prior version, can locate that version if they later need to do so. More information about reliance is available. These FAQs were announced in IR 2023-81. Frequently asked questions about compensation payments made by states for forced sterilization Background The Department of the Treasury and the Internal Revenue Service (IRS) understand that some states have enacted legislation to compensate victims of forced, involuntary, or coerced sterilization under state programs. These states have made payments to those victims pursuant to the legislation (compensation payments for forced sterilization). Q1. Are compensation payments for forced sterilization required to be included in the gross income of individuals who receive the payments? (added April 14, 2023) A1. No. Compensation payments for forced sterilization are excluded from the gross income of the recipients for Federal income tax purposes because the payments are compensatory damages for physical injuries under section 104(a)(2) of the Internal Revenue Code. Q2. Should states file a Form 1099-MISC, Miscellaneous Information, or any other type of information return with the IRS, and furnish a copy to the recipient, to report the amount of a compensation payment for forced sterilization? (added April 14, 2023) A2. No. Because compensation payments for forced sterilization are excluded from the gross income of the recipient for Federal income tax purposes, states should not file or furnish a Form 1099-MISC, Miscellaneous Income or any other type of other information return to report the payments. Q3. If I received a compensation payment for forced sterilization and included it in gross income on my Federal income tax return for a prior year, what should I do? (added April 14, 2023) A3. If you received a compensation payment for forced sterilization and included it in gross income on your Federal income tax return for a prior year, you may amend that return by filing Form 1040-X, Amended U.S. Individual Income Tax Return, to exclude the compensation payment. You also use Form 1040-X to claim any refund you are allowed for the overpayment of tax related to the payment you included in gross income, but the refund must be claimed within three years from the date you filed your original Federal income tax return or two years from the date you paid the tax, whichever is later. The IRS accepts paper and electronically filed Forms 1040-X. You should state on the Explanation of Changes on Form 1040-X that you are removing from gross income compensatory damages for physical injuries under section 104(a)(2). For more information on amending a return, see Form 1040-X, Amended U.S. Individual Income Tax Return, Frequently Asked Questions. IRS-FAQ
