Guide
One of the most common questions plaintiffs ask before applying for pre-settlement funding is whether the money is taxable. When you’re already dealing with medical bills, lost income, and legal uncertainty, the last thing you want is an unexpected tax surprise.
The short answer is: pre-settlement funding itself is generally not taxable when you receive it. However, tax considerations can arise later, depending on how your settlement is structured. This article explains what plaintiffs need to know—and what to discuss with their attorney or tax professional.
Why Pre-Settlement Funding Is Usually Not Taxable
Pre-settlement funding is a non-recourse advance, not income. Because you are not guaranteed to keep the money—and must repay it from your settlement if you win—it is typically treated as an advance against a future recovery, not taxable earnings.
Key points:
Funding is not wages or salary
It is not a loan in the traditional sense
You may have to repay it if your case succeeds
You owe nothing if your case is unsuccessful
For these reasons, the funds you receive upfront are generally not reported as taxable income.
How Settlements Are Taxed (Separate From Funding)
While pre-settlement funding itself is usually non-taxable, your final settlement may include taxable portions depending on the type of damages awarded.
Common settlement components include:
Compensation for physical injuries
Often non-taxable under federal lawMedical expense reimbursement
Usually non-taxable unless you previously deducted those expensesLost wages
May be taxable, similar to regular incomeEmotional distress (non-physical)
May be taxable depending on circumstancesPunitive damages
Typically taxable
Funding does not change how these categories are treated—it simply advances a portion of the expected recovery.
Does Repaying Funding Affect Taxes?
Repaying pre-settlement funding from your settlement does not create a tax event. You are simply returning a portion of the recovery according to the funding agreement.
In other words:
You are not taxed on money you don’t keep
Repayment does not count as income
The funding company does not issue tax forms for the advance
Your attorney’s settlement breakdown will show how funds are distributed.
Why Plaintiffs Still Need to Be Careful
Tax rules can be complex, and situations vary. Factors that may affect tax treatment include:
The nature of your injuries
How damages are categorized in the settlement
Whether you previously claimed medical deductions
State tax rules
Structured settlements or annuities
Because of this, pre-settlement funding companies do not provide tax advice.
The Importance of Attorney and Tax Professional Guidance
Your attorney plays a key role in structuring settlements to minimize tax exposure. In some cases, tax professionals may also help evaluate:
Settlement allocation language
Reporting obligations
Long-term tax planning
Structured settlement options
Instabridge encourages plaintiffs to ask questions and seek professional guidance when needed.
Common Myths About Funding and Taxes
Myth: Pre-settlement funding increases your tax burden
Fact: Funding itself does not change the taxability of your settlement
Myth: You’ll receive a tax form for funding
Fact: Funding advances are typically not reported as income
Myth: Repayment is tax-deductible
Fact: Repayment is simply returning funds, not a deductible expense
Why Transparency Matters
Reputable funding providers are clear about how funding works—and what it doesn’t do. Instabridge focuses on:
Non-recourse advances
Transparent terms
Clear repayment explanations
Attorney coordination
No surprises at settlement
We believe informed plaintiffs make better decisions.
Conclusion: Funding Is About Stability—Not Tax Risk
Pre-settlement funding is designed to provide financial stability during a lawsuit—not create new tax problems. While your final settlement may include taxable components, the funding itself is generally not taxable when received.
If you have questions about taxes, settlement structure, or whether funding makes sense for your situation, contact Instabridge today. We’ll explain how funding works clearly and help you decide with confidence—without pressure.

































































































































































