California Surface Damage Payments

State:
Multi-State
Control #:
US-OG-826
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Property Damages Are Not Taxable Like medical expenses, the IRS and the State of California consider these damages as reimbursement for a car or home previously paid. The exception is when the dollar amount of the damages paid exceed the actual value of lost property.

An individual taxpayer generally may exclude the following amounts from gross income: compensation received under a workers' compensation act for personal injuries or sickness; compensatory damages received in a lawsuit or settlement on account of personal injuries or sickness;

In a lump-sum contract, you agree to provide and materials and/or fixtures for a single price. You pay tax on your cost of materials when you purchase them. You report tax on the selling price of your fixtures.

In California, punitive damages are considered taxable income. However, these awards are relatively rare, and typically only a small portion of any settlement.

Don't be fooled by the landman, your neighbor or a non-CPA tax preparer telling you that damages are not taxable. There is nothing wrong with negotiating a damage value on your property but consult your CPA to understand the tax implications. All types of Damages are reportable on your tax return.

If you receive compensatory damages as a result of a physical injury, the money is generally not taxable. However, punitive damages are intended to punish the defendant rather than to compensate you. This is taxable except in wrongful death cases.

The General Rule In other words: personal injury settlements usually aren't taxable, while other types of settlements usually are. However, the settlement agreement can award money for different types of damages, so it is possible to owe taxes on a portion of the full amount.

If a property has an assessed home value of $300,000, the annual property tax for it would be $3,440 based on the national average. But in California, it would be only $2,310. To calculate the rounded estimate of the property tax bill, you can multiply your property's purchase price by 1.25%.

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California Surface Damage Payments