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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