What Is an Ex Gratia Payment?
Let me explain what an ex gratia payment is: it's a voluntary compensation you might receive from an organization, government, or insurer for damages or claims, and crucially, it doesn't require the payer to admit any liability.
You should know that this payment is considered voluntary because the party making it isn't legally obligated to compensate you. The term 'ex gratia' comes from Latin, meaning 'by favor'.
Key Takeaways
- An ex gratia payment is made to you by an organization, government, or insurer for damages or claims, without requiring the payer to admit liability.
- It's voluntary since the payer isn't obligated to compensate you.
- In the U.S., ex gratia payments are typically subject to federal and state income taxes.
Understanding Ex Gratia Payments
Ex gratia payments stand apart from legally mandated ones because they're entirely voluntary. Normally, organizations, governments, and insurers only pay out compensation if the law requires it, which is why ex gratia payments aren't common.
Take an insurance scenario: if you suffer an injury covered by your policy, the insurer must pay the claim legally. That's not voluntary—it's a legal duty, and it often includes admitting liability.
In contrast, an ex gratia payment is a goodwill gesture from me, as the payer, following a specific loss or damage to your property, without any admission of liability. For instance, if a company gives a one-time credit unrelated to a loss, that's not ex gratia, but a credit after a service disruption would qualify.
Organizations like me might use these payments strategically to keep good relations with you. Say a large retailer has to lay off staff; they could offer severance beyond the legal minimum to cut down on negative publicity. Or think of British Airways handing out ex gratia payment cards to inconvenienced customers to maintain loyalty.
Important Note
Remember, a company might make ex gratia payments when you've experienced a loss, but this transaction doesn't count as an admission of liability.
Special Considerations
In the U.S., ex gratia payments are generally subject to federal and state income taxes, so you'll need to account for that.
Over in the United Kingdom, though, ex gratia payments under £30,000 aren't taxable if they're not for work or services rendered. If you receive one, you must inform Her Majesty's Revenue and Customs (HMRC) at the end of the tax year to ensure no income tax or national insurance applies to the first £30,000.
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