Sell Structured Settlement Tax Implications

Question 1

Are the original structured settlement periodic payments received by a plaintiff for physical injury taxable under US federal law?

Accepted Answer

No, they are excluded from gross income under IRC Section 104(a)(2)

Answer

IRC Section 104(a)(2) excludes structured settlement periodic payments arising from physical injury or sickness from the recipient's gross income entirely.

Question 2

When a payee sells their structured settlement payments for a lump sum, is the lump sum received tax-free?

Accepted Answer

No — the IRS has ruled that the lump sum may be taxable income depending on circumstances

Answer

The IRS has indicated that a lump sum received from selling structured settlement payment rights may constitute taxable income because the tax exclusion under Section 104 applies to periodic payments, not to proceeds from a sale.

Question 3

Under IRC Section 5891, who bears the 40% excise tax when a structured settlement transfer lacks a qualifying court order?

Accepted Answer

The factoring company (the acquirer)

Answer

IRC Section 5891 places the 40% excise tax obligation on the factoring company that acquires the structured settlement payment rights without a qualifying court order.

Question 4

What is a 'qualified assignment' under IRC Section 130, and what is its tax benefit?

Accepted Answer

It allows the defendant to assign periodic payment obligations to a third party on a tax-free basis, with amounts received by the assignee excluded from income

Answer

Under IRC Section 130, a qualified assignment lets the defendant transfer the obligation to make future payments to a third-party assignee without tax consequences to the defendant or assignee.

Question 5

How are punitive damages received through a structured settlement typically treated for federal tax purposes?

Accepted Answer

Taxable as ordinary income because they are not received for physical injury

Answer

Punitive damages are taxable as ordinary income even if structured as periodic payments, because IRC Section 104 only excludes compensatory amounts for physical injury or sickness.

Sell Structured Settlement Practice Test

Sell Structured Settlement Practice Test

Sell Structured Settlement Tax Implications