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A lesser known amendment buried in the newly-revised federal tax code related to tax deductions businesses may take could very well have devastating, unintended consequences on victims of workplace sexual harassment and abuse. Specifically, §162(q), while originally intended to end a business’s ability to deduct sexual misconduct settlements conditioned on non-disclosure agreements (NDAs), states, in its present form, that “no deduction shall be allowed under this chapter for—(1) any settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a non-disclosure agreement, or (2) attorneys’ fees related to such a settlement or payment.”
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