Purchase Structured Settlements and the Rise of Factoring
Structured settlements settlements in tort law claims related physical injury or physical illness, and workers' compensation claims, after which the settlement proceeds in the form of periodic payments, including planned lump sums. Structured settlements are generally funded by single premium annuity contracts which the party is contractually obliged to make future settlement payments. Under federal tax rules to encourage the use of structured settlements, is the full amount of each periodic payment, including amounts attributable to income under the annuity contract is excluded from the settlement recipient's income under IRC section 104 (a) (1) or ( 2). Congress has approved the use of structured settlement as a means to ensure stable resources for injury victims and minimize the risk that the lump sum recoveries will be dissipated, leaving victims of debilitating injuries to fall back on public assistance.
Collection of taxes - Internal Revenue Code Section 5891 imposes on all persons directly or indirectly acquires structured settlement payment rights in a structured settlement factoring transaction a tax equal to 40 percent of the factoring rebate as determined under (c) (4 ) with respect to such factoring transaction. Section 5891 (c) (3) defines the term "structured settlement factoring transaction" means a transfer of structured settlement payment rights "for consideration by way of sale, transfer, pledge or other form of encumbrance or alienation for consideration. " Subsection (C) (4) defines the factoring discount as an amount equal to the difference of (1) the total non-discounted amount of structured settlement payments are acquired in the structured settlement factoring transactions (IRC § 5891 (c) (4) ( A)) on (2) the total amount actually paid by the acquirer to the person from whom such structured settlement payments are acquired (IRC § 5891 (c) (4) (B)). Excise duties on structured settlement factoring transactions does not apply in the case of a structured settlement factoring transaction involving the transfer of structured settlement payment right is approved in advance in a qualified order. A "qualified order" is defined as a final decision, order or decree (A) establishes that a transfer of structured settlement payment rights (i) any federal, state or contrary to law or decision of a court or administrative authority responsible, "and (ii) is in the best interest of the beneficiary, taking into account the welfare and support of dependents of the beneficiary, and (B) is issued (i) under the authority of a statute by an applicable state applicable state court, or (ii) by the responsible government authority (if any) which has exclusive excise tax - Structured Settlements Factoring


