4 Common Tax Questions on Structured Settlements

Category: Structured Settlements

Tax questions are plentiful especially at this time of year. But there are some questions that come up less often than others, especially for the standard taxpayer. Some of these surround the question of structured insurance settlements. Here are some quick answers to the basics of structured settlements.

What is a structured settlement?

When a lawsuit is settled in court, especially a very large one, some courts allow the option of a structured settlement. Instead of paying one large lump sum, the courts set up a system where the payer gives out regular payments over a period of time. This is a structured settlement. This benefits both parties. The payer has a better chance of paying out over time and the recipient doesn’t have to deal with the stress of receiving a large amount of money at once.

Which taxes apply to structured insurance settlements?

Nearly all structured insurance settlements are completely free from taxation. This includes federal & state taxes, taxes on interest, dividends, and capital gains, and AMT. The reason for this is that the government believes that receiving compensation for a physical injury, wrongful death, or worker’s compensation isn’t a gain in income. It’s a restoration to the state prior to the loss.

However, if a structured insurance settlement involves money that would have been taxed under normal circumstances, such as a backpay settlement, divorce payments, punitive damages, lottery prizes, or liquidation damages, then it would be treated like normal income. It is important to inquire into the reasons behind the structured settlement.

What about inheritance, selling, and other transfers of the settlement?

In 2001, the law was changed to allow all of these activities. If another individual is listed as a beneficiary, all they have to do is present a death certificate and proof of identification to the company paying the annuity. The annuity will remain tax-free for the new recipient if it is eligible.

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TriMark Legal Funding was founded in 2003 and is one of America's top-rated lawsuit funding companies. TriMark provides pre-settlement funding and post-settlement funding on pending and settled lawsuits to injured plaintiffs throughout the United States. We offer funding on hundreds of different types of legal claims including personal injury loans, employment litigation funding, work injury accident loans, workers compensation loans, mass tort litigation funding, and multidistrict litigation funding.

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