Statutory Guidelines [Appendix A(3) IRC 130] regarding certain personal injury liability assignments.
Florida Certain Personal Injury Liability Assignments IRS Code 130
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Section 130(c) defines a qualified assignment as any assignment of liability to make periodic payments as damages (whether by suit or agreement) on account of personal injury or sickness (in a case involving physical injury or sickness) provided, among other conditions, the periodic payments are fixed and determinable ...
Punitive damages are not excludable from gross income under IRC § 104(a)(2), regardless of whether received in connection with a physical or non-physical injury or sickness. Indeed, punitive damages are taxable?with one exception. I.R.C.
Such periodic payments are excludable from the gross income of the recipient under paragraph (1) or (2) of section 104(a).
Section 104(a)(3) states that except in the case of amounts attributable to (and not in excess of) deductions allowed under ' 213 for any prior taxable year, gross income does not include amounts received through accident or health insurance (or through an arrangement having the effect of accident or health insurance) ...
For purposes of this section, the term ?qualified funding asset? means any annuity contract issued by a company licensed to do business as an insurance company under the laws of any State, or any obligation of the United States, if? 130(d)(1)
Section 104(a) provides an exclusion from gross income with respect to certain amounts described in paragraphs (b), (c), (d) and (e) of this section, which are received for personal injuries or sickness, except to the ex- tent that such amounts are attrib- utable to (but not in excess of) deduc- tions allowed under ...
There are two types of compensatory damages: special damages and general damages. Special damages include economic losses, such as lost wages and medical bills. General damages cover intangible losses, such as pain and suffering or loss of consortium. Typically, compensatory damages cannot be taxed.
For damages, the two most common exceptions are amounts paid for certain discrimination claims and amounts paid on account of physical injury. IRC Section 104 explains that gross income does not include damages received on account of personal physical injuries and physical injuries.