New York Revenue Procedure 93-34

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Statutory Guidelines [Appendix A(6) Revenue Procedure 93-34] regarding rules under which a designated settlement fund described in section 468B(d)(2) of the Internal Revenue Code or a qualified settlement fund described in section 1.468B-1 of the Income Tax Regulations will be considered "a party to the suit or agreement" for purposes of section 130.

New York Revenue Procedure 93-34, also known as NY RP 93-34, is an important document issued by the New York State Department of Taxation and Finance. This revenue procedure outlines specific guidelines and procedures that taxpayers in New York must follow regarding the reporting and treatment of certain tax transactions. It serves as a comprehensive resource for taxpayers, tax professionals, and government officials alike. NY RP 93-34 primarily focuses on addressing various types of tax transactions, including like-kind exchanges under Section 1031 of the Internal Revenue Code. This revenue procedure provides detailed instructions on how taxpayers should report and treat these exchanges for New York State tax purposes. It lays out the requirements, limitations, and applicable forms and schedules relating to like-kind exchanges. Furthermore, NY RP 93-34 covers other types of tax transactions, such as installment sales and involuntary conversions. It specifically addresses how these transactions should be reported, the necessary documentation, and any unique considerations for New York State tax purposes. This revenue procedure is crucial for taxpayers because it clarifies the specific rules and regulations that must be followed to comply with New York State tax laws. It ensures consistency and accuracy in reporting tax transactions, preventing potential issues or disputes with the tax authorities. It's important to note that New York Revenue Procedure 93-34 may have different versions or updates over time. Taxpayers and tax professionals should always refer to the most recent version or any subsequent amendments issued by the New York State Department of Taxation and Finance to ensure compliance with the latest regulations. In summary, New York Revenue Procedure 93-34 is a comprehensive document that provides detailed guidance and requirements for various tax transactions in New York State. It is a valuable resource for taxpayers and tax professionals to ensure proper reporting and treatment of these transactions for New York State tax purposes.

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FAQ

A Qualified Settlement Fund (QSF) is a trust used to accept settlement proceeds from the defendant(s) or insurance company in cases with one or more claims.

A Qualified Settlement Fund (QSF) allows tax payers involved in litigation to receive settlement funds and potentially avoid tax ramifications until the funds are otherwise paid to the taxpayer.

How do law firms establish qualified settlement funds? Be established pursuant to a court order and is subject to continuing jurisdiction of the court (26 CFR § 1.468B(c)). Resolve one or more contested claims arising out of a tort, breach of contract, or violation of law. A trust under applicable state law.

A QSF is a trust established to receive settlement proceeds from a defendant or group of defendants. Its primary purpose is to allocate the monies deposited into it amongst various claimants and disburse the funds based upon agreement of the parties or court order, if required.

A Qualified Settlement Fund (QSF) allows tax payers involved in litigation to receive settlement funds and potentially avoid tax ramifications until the funds are otherwise paid to the taxpayer. Often times a QSF is used in mass tort or other types of class action litigation.

QSFs were created to resolve mass tort and multiple claimant settlements. Funding a QSF allows a defendant to be released, and pay funds to realize the loss immediately.

The benefits of a QSF for an attorney include: More time to plan for contingency fees using attorney fee deferral. Affording clients extra time to implement settlement planning strategies and comply with government benefits income thresholds.

More info

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New York Revenue Procedure 93-34