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Yes, severance pay is taxable income
Severance pay is treated as ordinary income by the IRS, subject to federal income tax, Social Security tax (up to the $176,100 wage base), Medicare tax, and state income tax where applicable. The withholding rate depends on how your employer processes it.
Two withholding methods
Method
How it works
When used
Aggregate method
Added to regular wages and withheld at your marginal rate
Most common for ongoing payroll payments
Flat rate (supplemental wages)
Federal flat rate of 22% (or 37% if over $1M)
Common for lump sum payments
Tax strategies for large severance payments
Negotiate an installment arrangement โ spreading payments over 2 years can keep you in a lower bracket
Max out pre-tax 401(k) โ contribute maximum ($23,500 in 2025) from severance if still on payroll
HSA contribution โ contribute up to the annual limit ($4,300 individual in 2025) to reduce taxable income
Charitable deduction โ bunching charitable contributions in the high-income year
Reporting severance on your tax return
Severance should appear on your W-2 from your employer (box 1, wages). If severance is paid after you've left and after year-end, you may receive a separate W-2. Report all severance on line 1 of Form 1040 as ordinary wages.
Frequently Asked Questions
Generally no. Unlike workers' compensation or certain legal settlements, severance doesn't have a tax exclusion. The exception: if the severance agreement explicitly allocates a portion to physical injury claims (rare), that portion may be tax-free under IRC ยง104.
Over-withholding results in a larger refund when you file your return. The IRS doesn't penalize over-withholding โ you just get your money back. Under-withholding (owing more than $1,000 at filing) can result in estimated tax penalties.
Traditionally yes, but there's a Supreme Court case (Quality Stores, 2014) where the IRS lost its argument that all severance is FICA-taxable. The IRS now maintains that most standard severance is FICA-taxable. Severance paid under a supplemental unemployment plan (SUB plan) may be different โ consult a tax professional for large amounts.
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