What Other Federal Tax Rules Govern The Use Of Structured
Settlements And Qualified Assignments?
In order to protect the public, Congress specified in
Section 130 the requirements to establish a qualified
assignment:
- The assignee assumes the liability from the
defendant;
- Both the victim (and his/her attorney) and the
defendant agree that the payment schedule cannot be
"accelerated, deferred, increased or decreased";
- The payment stream may be excluded from the
recipient`s gross income for tax purposes;
- The injury must be a physical sickness or
injury; and
- A highly secure funding asset (such as an
annuity or U.S. Government obligation) must be used
to fund the payments.
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