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
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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.