Statutory Guidelines [Appendix A(3) IRC 130] regarding certain personal injury liability assignments.
Washington 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 ...
Any amount received for agreeing to a qualified assignment shall not be included in gross income to the extent that such amount does not exceed the aggregate cost of any qualified funding assets.
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)
A qualified assignment is a formal arrangement wherein a defendant or its insurance company or other representative agrees to transfer their obligation to make future periodic payments to a third party (?an assignment company?). This is generally done using a uniform qualified assignment (?UQA?) document.
The IRS can only pursue those portions of the settlement not intended as reimbursement for property loss or physical injury. So, while this may not always happen, it is possible that the IRS might take at least some of your personal injury settlement.
Income tax exemption: Structured settlement payments?including growth?are 100% income tax-free. While lump sum cash settlements are income tax-free for physical injury cases, growth on funds placed in a traditional investment may be taxable.
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 ...