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    IRS Form 1098-F

    Form 1098-F: Fines, Penalties, and Other Amounts

    Report certain government fines and penalties that may not be deductible.

    Filing Deadline

    January 31 (to payor) / February 28 (paper) or March 31 (e-file) to IRS

    Purpose

    Track non-deductible settlements and fines

    Recent Form

    Implements Tax Cuts and Jobs Act provisions

    Overview

    Form 1098-F is used by governments and specified nongovernmental entities to report amounts paid related to violations or potential violations of law. This form implements the Tax Cuts and Jobs Act, which disallowed deductions for many fines and penalties.

    The form helps ensure that taxpayers and the IRS can identify payments that may not be deductible as business expenses.

    Who Must File

    Required Filers

    • Appropriate government officials (federal, state, local)
    • Certain nongovernmental regulatory/enforcement entities
    • Received $600+ from payor related to violation of law
    • Amount includes fine, penalty, or restitution/remediation

    Exceptions & Notes

    • Not required for amounts under $600
    • Not required for court-ordered restitution to individuals
    • Certain other exceptions listed in instructions

    Form Structure & Instructions

    Here's what information is required in each section:

    Payment Information

    Details of fines, penalties, and other amounts

    Box 1
    Total Amount
    Total amount paid in settlement or resolution
    Box 2
    Restitution/Remediation
    Amount for restitution or remediation
    Box 3
    Amount to Come Into Compliance
    Amount paid to come into compliance with law

    Settlement Details

    Information about the legal settlement

    Box 4
    Date of Settlement
    Date settlement agreement was entered
    Box 5
    Type
    Code indicating type of settlement or order
    Box 6
    Identification
    Case or investigation number

    Important Filing Notes

    Non-Deductible Fines and Penalties

    Generally, amounts paid as fines or penalties to a government for violation of law are not deductible. This includes most amounts in Box 1 that are not allocated to restitution or compliance.

    Restitution May Be Deductible

    Amounts paid for restitution or remediation (Box 2) may be deductible if paid to come into compliance with law or for remediation of property. Identification and allocation are critical.

    Must Identify Amounts

    Settlement agreements should specifically identify and allocate amounts between non-deductible fines/penalties and potentially deductible restitution/remediation to support tax treatment.

    Investigation and Litigation Costs

    Legal fees and costs related to defense and settlement negotiations are generally still deductible as ordinary business expenses, even if the underlying fine is not.

    Government Settlement Reporting

    Navigate the complex requirements of Form 1098-F for reporting fines, penalties, and settlements with expert guidance.

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