Settlement FAQs

is vw settlement income

by Mr. Milan Konopelski Published 2 years ago Updated 2 years ago
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Volkswagen’s error has cost the company billions of dollars, but the VW settlement could mean profit for your dealership if you follow all the rules. Until recently, Volkswagen had a pristine reputation in the auto industry. They were viewed as a reliable, trusted brand with a legion of loyal followers.

Full Answer

How much will the Volkswagen settlement pay out?

As a part of this settlement, VW will provide $2.7 billion for the 2.0 liter violating vehicles and $225 million for the 3.0 liter violating vehicles to an Environmental Mitigation Trust. Funds from the trust will be used to fully remediate the excess NOx emissions from the illegal vehicles.

How many settlements did the EPA have against Volkswagen?

(Washington, D.C.) - Through a series of three partial settlements, the EPA has resolved a civil enforcement case against Volkswagen AG, Audi AG, Dr. Ing. h.c. F. Porsche AG, Volkswagen Group of America, Inc., Volkswagen Group of America Chattanooga Operations, LLC, and Porsche Cars North America, Inc. (collectively “Volkswagen”).

How much did Volkswagen contribute to the mitigation trust fund?

Under the CAA 3.0 liter partial settlement, Volkswagen contributed an additional $225 million in funding to the mitigation trust fund. There are two mitigation trust agreements created pursuant to the settlement: one for states, Puerto Rico, and the District of Columbia and one for federally recognized Indian tribes.

When did the US file a lawsuit against Volkswagen?

On January 4, 2016, and as amended on October 7, 2016, the United States filed a complaint against the Volkswagen entities alleging violations of the CAA with regard to approximately 590,000 diesel vehicles sold in the U.S.

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Are VW paying compensation?

More than 90,000 people will receive a share of £193million following a court settlement related to the VW emissions scandal. The Volkswagen Group will pay out a share of £193million to around 91,000 drivers in England and Wales following a high-profile lawsuit relating to the 'Dieselgate' scandal.

What is the VW settlement?

In two related settlements, one with the United States and the State of California, and one with the U.S. Federal Trade Commission (FTC), German automaker Volkswagen AG and related entities have agreed to spend up to $14.7 billion to settle allegations of cheating emissions tests and deceiving customers.

Is a class action settlement payment taxable?

Oftentimes, the nature of a class action suit determines if the lawsuit settlement can be taxable. Lawsuit settlement proceeds are taxable in situations where the lawsuit is not involved with physical harm, discrimination of any kind, loss of income, or devaluation of an investment.

How much did VW paid in fines and settlements?

Volkswagen has since paid well over $20 billion in fines and legal settlements related to its diesel emissions cheating.

Why did Volkswagen violate the Clean Air Act?

These settlements resolve allegations that Volkswagen violated the Clean Air Act (“CAA”) by the sale of approximately 590,000 model year 2009 to 2016 diesel motor vehicles equipped with “defeat devices.” The EPA alleged that these vehicles are equipped with defeat devices in the form of computer software designed to ...

What is VW Grant?

The Volkswagen (VW) Environmental Mitigation Trust provides about $423 million for California to mitigate the excess nitrogen oxide (NOx) emissions caused by VW's use of illegal emissions testing defeat devices in certain VW diesel vehicles.

What settlements are not taxable?

Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally tax that money. However, personal injury settlements are an exception (most notably: car accident settlements and slip and fall settlements are nontaxable).

How can I avoid paying taxes on a settlement?

How to Avoid Paying Taxes on a Lawsuit SettlementPhysical injury or sickness. ... Emotional distress may be taxable. ... Medical expenses. ... Punitive damages are taxable. ... Contingency fees may be taxable. ... Negotiate the amount of the 1099 income before you finalize the settlement. ... Allocate damages to reduce taxes.More items...•

Where do I report a class action settlement on my taxes?

If you receive a taxable court settlement, you might receive Form 1099-MISC. This form is used to report all kinds of miscellaneous income: royalty payments, fishing boat proceeds, and, of course, legal settlements. Your settlement income would be reported in box 3, for "other income."

How much money did Volkswagen lose in the scandal?

Damage to shareholders: It's impossible to calculate precisely, but in the scandal's first two months the company lost 46% of its value, or $42.5 billion.

How much did VW pay for diesel scandal?

LONDON, May 25 (Reuters) - Volkswagen (VOWG_p.DE) will pay 193 million pounds ($242 million) as part of an out-of-court settlement to around 91,000 British drivers over a diesel emissions scandal that engulfed Europe's largest carmaker in 2015.

Which car company lied about emissions?

VWVW has denied the claims, which affect at least 10,000 vehicles. In November, VW said it had found "irregularities" in tests to measure carbon dioxide emissions levels that could affect about 800,000 cars in Europe - including petrol vehicles.

How did the Volkswagen scandal affect customers?

We found a decrease in consumers' taste for diesel vehicles. Since BMW and Mercedes-Benz continued to sell such vehicles after the scandal, this force was to their detriment. In our model, this effect led to non-VW German carmakers losing US$0.7 billion in sales.

What is covered under VW emissions warranty?

Additionally, the engine long block warranty shall cover the engine sub-assembly that consists of the assembled block, crankshaft, cylinder head, camshaft, and valve train. The extended emissions warranty includes parts, labor, and applicable taxes.

What are the effects of Volkswagen emission scandal?

Software detected when cars were being tested for compliance with emissions rules; the software then adjusted the engines so that they passed. But in normal use, the engines emitted far more pollution, including up to 40 times more nitrogen oxide, which contributes to asthma, bronchitis, and emphysema.

How much did Volkswagen pay for emissions scandal?

Volkswagen will receive around $350 million as part of a settlement with executives who ran the company during the Dieselgate emissions cheating scandal, after claiming they breached their “duty of care.”

General Information

The U.S. government and Volkswagen (VW) have resolved allegations that VW violated the Clean Air Act by selling approximately 590,000 vehicles equipped with defeat devices.

States

The States, Puerto Rico, and the District of Columbia may obtain funds as Mitigation Trust Beneficiaries upon application to the Trustee to implement NOx reduction projects as defined in Appendix D-2 , including the DERA Option under the DERA State Grant Program.

Tribes

Federally recognized tribes may obtain trust funds as Beneficiaries upon application to the Trustee to implement NOx reduction projects as defined in Appendix D-2 , including the DERA Option under the competitive DERA Tribal and Insular Area Grant Program.

What is VW settlement?

Volkswagen AG and certain of its North American subsidiaries (collectively "VW") have entered into a multi-billion dollar settlement with the federal government for violations of the Clean Air Act. VW publicly admitted to installing "defeat devices" in certain diesel vehicles.

What was the Volkswagen recall?

Under the Settlement, Volkswagen was required to remove from commerce in the United States or perform an approved emissions modification on at least 85 percent of the affected 2.0 liter and 3.0 liter vehicles covered by the Settlement. In order to achieve the 85 percent recall rate, Volkswagen offered owners and lessees of the vehicles the opportunity to have their vehicles bought back by Volkswagen at a fair replacement value of the vehicle as of September 17, 2015, or to have their leases terminated at no cost. This buyback or lease termination option had a limited time availability.

What is the appendix C of the settlement?

Appendix C of the Settlement requires Volkswagen to invest $1.2 billion in zero emission vehicle (ZEV) charging infrastructure and in the promotion of ZEVs in areas of the country outside of California. Volkswagen Group of America has created a wholly owned subsidiary, Electrify America LLC, to fulfill its Appendix C commitments. Appendix C commits Volkswagen to separately invest $800 million in California on ZEV infrastructure and promotion.

How much does a Volkswagen get paid for overstating fuel economy?

Owners of nearly 100,000 Volkswagen, Audi, Porsche and Bentley vehicles will get almost $100 million after their parent company agreed to compensate them for overstating the fuel economy performance of their vehicles. Each vehicle will qualify for a maximum of $518.40 to $2,332.80, according to plaintiffs attorneys involved in ...

What did the EPA discover about Volkswagen?

The EPA said it discovered during its investigation into Volkswagen's diesel emissions scandal that the automaker had installed software that enabled gasoline vehicles to perform better during federal tests than in real life.

What automakers have overstated gas mileage?

The settlement comes after the EPA reached similar settlements in recent years with several other automakers that overstated average gas mileage, including BMW, Ford and Hyundai. As a consequence of an EPA investigation, Volkswagen will forfeit certain federal emissions credits.

What cars were settled in the 2013 settlement?

The settlement involves a wide range of models from the 2013 through 2017 model years, most of which were Porsche, Audi and Bentley vehicles, including the Porsche Cayenne and Audi A8L.

Is Volkswagen liable for the EPA investigation?

As a consequence of an EPA investigation, Volkswagen will forfeit certain federal emissions credits. But the company did not admit liability as a result of the settlement . “Volkswagen is committed to providing customers with transparent fuel economy data for our vehicles, in line with U.S. labeling requirements,” Pietro Zollino, ...

When did the DC DOEE finalize the Volkswagen Settlement Funds?

DC DOEE finalized the District’s Spending Plan for Volkswagen Settlement Funds (Beneficiary Mitigation Plan) in July, 2018. In September 2019, DC awarded the Amtrak Switcher Replacement grant to the Metropolitan Washington Council of Governments. More details can be found on DOEE’s website.

How much money does Maryland have for VW?

Maryland received approx. $75.7 million in funding under VW and is using approx. $11.3 million on zero emission vehicle infrastructure and $63 million on vehicle replacements. The Maryland Department of the Environment (MDE) received over forty proposals under its vehicle replacement portion of its VW funding. All project proposals have been reviewed by MDE and approved by the Trustee for funding. These proposals totaled approx. $57 million in requested VW funds. MDE has completed the contract with some of the applicants and is working to finish the contract process with the remaining applicants soon. These proposals included many different projects such as locomotives, school buses, transit buses, delivery trucks, RTG Cranes, forklifts etc… To date, approx. $5.1 million in funds have been drawn down. The three projects are replacement of a diesel switcher locomotive, replacement of old diesel powered trucks, and the installation for charging infrastructure to support electric school buses. MDE worked with the Maryland Energy Administration to develop framework documents for the zero emission vehicle infrastructure portion of its VW funding. There will be three rounds of funding with a focus on workplace charging, state owned properties, and corridor/HUB charging. Maryland completed its review of round one proposals in July. Maryland approved and awarded 37 projects under round one. Maryland expects to open up round two of funding in the Fall.

How much is the VW grant?

The state announced a first round of VW grant funding on November 15, 2018. $4,900,000 total was made available with $3,150,000 for Class 4-8 School Bus, Shuttle Bus, and Transit Bus; $1,050,000 for Freight Trucks and Port Drayage Trucks ; and $700,000 for Non-Road Transport and Equipment mitigation actions .

When was the VW mitigation plan approved?

The Plan was approved by the Board in May 2018 , following a 7-month public process with valuable public input.

Who sent questionnaire to stakeholders interested in participating in a project proposal for VW funding?

Philadelphia sent a questionnaire to stakeholders interested in participating in a project proposal for VW funding. Many stakeholders expressed interest. The agency leads a workgroup that consists of 40 different stakeholders that meet quarterly and discuss the VW mitigation plan status.

Who is the lead agency for VW?

The Virginia Department of Environmental Quality (DEQ) is the Lead Agency implementing the Volkswagen Environmental Mitigation Trust Agreement (State Trust) on behalf on the Commonwealth of Virginia. Information on implementation of the State Trust can be found on DEQ’s VW Mitigation web page, such as:

How much is PA forward 2021?

As of August 1, 2021, Pennsylvania has awarded just over $54.0M to approved Driving PA Forward projects of which over $19.2M has been reimbursed for completed projects. Total estimated, lifetime NOx reductions for all awarded projects ~1,450 tons. For additional information on the Driving PA Forward Initiative, visit: https://dep.pa.gov/DrivingPAForward, or contact Program Administrator -Michael Trone- at [email protected] or (717) 772-1104. Interested parties may also sign-up for DEP’s Driving PA Forward Newsletter on the website.

Why was Volkswagen caught?

Environmental Protection Agency for cheating on the emissions tests of its “clean diesel” vehicles.

What happens if you buy back a car?

Under the owner buyback option, there could be tax implications to you if the payments made as a result of the Class Action Settlement exceed your tax basis in the vehicle. In this instance, you would recognize a gain on your tax return resulting from the sale of the affected vehicle. If the Class Action Settlement payments are less than your tax basis in the vehicle, you would not have any tax consequences as losses realized on personal-use property are not deductible. If the affected vehicle had been used for business purposes or was held strictly for investment purposes, the loss would be deductible on your tax return.

What happens if you sell your car at a later date?

When you sold your vehicle at a later date, you would need to take this reduced basis into account to determine if the sale of your vehicle results in a taxable gain at that time. If the total payments received do not exceed your tax basis in the vehicle, you would not have any tax consequence from the payments, now or when you sold the car in the future.

Can you report Volkswagen restitution on your taxes?

Current lessees would not have any income to report by allowing Volkswagen to repair their leased vehicle. However, current and former lessees should report the full value of their “lessee restitution” payment as income on their tax return. At this time, we do not know if the courts will consider the damages that will be paid out to be compensatory or punitive, but it is unlikely that these payments will fall under one of the few exceptions in the Internal Revenue Code that allow damages from a settlement lawsuit to be nontaxable.

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Overview of Companies

  • Defendants in these CAA partial settlements are Volkswagen AG, Audi AG, Dr. Ing. h.c. F. Porsche AG, Volkswagen Group of America, Inc., Volkswagen Group of America Chattanooga Operations, LLC, and Porsche Cars North America, Inc. (collectively here “Volkswagen”). 1. Volkswagen AGis headquartered in Wolfsburg, Germany and is one of the world’s leading automobile manufacture…
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Clean Air Act Certification Requirements and Violations

  • The CAA and its regulations aim to protect human health and the environment, in part, by reducing harmful emissions from mobile sources of air pollution. The CAA partial settlements concern light-duty motor vehicles. Light-duty vehicles must satisfy tailpipe emission standards for certain air pollutants, including NOx. Pursuant to the CAA, the EPA administers a certification program t…
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Elements of The Settlement

  • CAA 2.0 Liter Partial Settlement
    Under the CAA 2.0 liter partial settlement, Volkswagen must remove from commerce in the United States or perform an approved emissions modification on at least 85 percent of the affected 2.0 liter vehicles by June 2019. VW must also meet a separate 85 percent recall rate in California. If …
  • CAA 3.0 Liter Partial Settlement
    Under the CAA 3.0 liter partial settlement, Volkswagen must remove from commerce in the United States or perform an approved emissions modification on at least 85 percent of the affected 3.0 liter vehicles. Volkswagen’s specific obligations for these vehicles differ depending on the techn…
See more on epa.gov

Mitigation

  • The CAA 2.0 liter partial settlement required Volkswagen to fund a $2.7 billion mitigation trust fund. Under the CAA 3.0 liter partial settlement, Volkswagen contributed an additional $225 million in funding to the mitigation trust fund. There are two mitigation trust agreements created pursuant to the settlement: one for states, Puerto Rico, and the District of Columbia and …
See more on epa.gov

Zero Emission Vehicle (Zev) Investment

  • The CAA 2.0 liter partial settlement requires Volkswagen to invest $2 billion in ZEV charging infrastructure and in the promotion of ZEVs. The ZEV investments required by the CAA 2.0 liter partial settlement are intended to address the fact that consumers purchased these illegal vehicles under the mistaken belief that such vehicles were lower-emitting than others. Electrify …
See more on epa.gov

Health Effects and Environmental Benefits

  • NOx pollution contributes to the formation of harmful smog and soot, exposure to which is linked to a number of respiratory- and cardiovascular-related health effects as well as premature death. Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to smog or soot expos…
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Civil Penalty

  • Under the third partial settlement, Volkswagen has paid a $1.45 billion civil penalty for the alleged civil violations of the Clean Air Act.
See more on epa.gov

State and Regional Partners

  • The State of California, on behalf of its California Air Resource Board and the California Attorney General, joined the United States in both the 2.0 liter partial settlement and the 3.0 liter partial settlement.
See more on epa.gov

Actions to Prevent Future Violations

  • Volkswagen will take various measures to prevent future problems, including among other things the following (some but not all of the following requirements apply to the Porsche defendants). Pursuant to the third partial settlement, Volkswagen will ensure the personnel who test their vehicles for emissions compliance are separate from the personnel who design their vehicles. V…
See more on epa.gov

For More Information, Contacts

  • Volkswagen Case Team Air Enforcement Division U.S. EPA 1200 Pennsylvania Ave., NW Mail Code 2242A Washington, DC 20460 [email protected]
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Overview of The VW Settlement

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Volkswagen AG and certain of its North American subsidiaries (collectively "VW") have entered into a multi-billion dollar settlement with the federal government for violations of the Clean Air Act. VW publicly admitted to installing "defeat devices" in certain diesel vehicles. The "defeat devices" were software installed which cause…
See more on www2.illinois.gov

Metrics & Data

  • In revising the Beneficiary Mitigation Plan and establishing goals, priorities and expected benefits, the Illinois EPA looked at several categories of metrics and data as required by the Settlement.
See more on www2.illinois.gov

Revised Beneficiary Mitigation Plan

  • The Settlement provides that the BMP may be revised. Illinois EPA submitted a BMP to the Trustee in August 2018. In line with Governor Pritzker's priorities for a cleaner transportation sector in Illinois, the Illinois EPA is revising the BMP. On April 27, 2022, the Illinois EPA submitted a revised BMP to the Trustee with revised goals and allocations and other ancillary revisions.
See more on www2.illinois.gov

Public Input

  • Illinois EPA prepared a draft BMP for public review, and on April 29, 2021, initiated a public comment period soliciting comments on the draft BMP. Illinois EPA accepted comments through June 21, 2021. Numerous comments were received during the comment period. Most comments were favorable to the revisions being proposed. Comments were also received requesting that t…
See more on www2.illinois.gov

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