Settlement FAQs

what is a tax-free structured settlement annuity

by Clare Senger Published 3 years ago Updated 2 years ago
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A structured settlement annuity (“structured settlement”) allows a claimant to receive all or a portion of a personal injury, wrongful death, or workers' compensation settlement in a series of income tax-free periodic payments.

What is the difference between an annuity and a structured settlement?

Structured settlements are awarded to plaintiffs in court cases. Annuities can be purchased by individuals. Annuity sales don't require court approval if you purchased or inherited the annuity. It's often faster to sell annuity payments than structured settlement payments.

How does a structured settlement annuity work?

When the defendant and the plaintiff in a lawsuit agree to settle a claim with a structured settlement, the parties negotiate a cash amount payable by the defendant in exchange for the plaintiff dropping the lawsuit. The money is distributed as a series of periodic payments, typically funded through an annuity.

Do you have to pay taxes on a structured settlement?

Structured settlement annuities are not taxable — they're completely tax-exempt. It's a common question that we are asked by personal injury attorneys, and in certain situations, the tax-exempt nature of structured settlement annuities results in significant tax savings to the client.

Who Owns structured settlement annuity?

A settlement agreement establishing the structured settlement will typically expressly state that the assignment company has all rights of ownership of the annuity. The structured settlement payee only owns the right to receive payments. The payee does not own the structured settlement annuity.

What is a disadvantage of a structured settlement?

A major drawback of a structured settlement is that it may jeopardize the beneficiary's eligibility for public benefits, which may be particularly problematic when the person's medical needs are covered by Medicaid rather than private health insurance.

Are structured settlements a good idea?

The best reason to support structured settlements is to have payouts of income to last throughout the beneficiary's lifetime. With guaranteed payments, there is less chance of losing principal to poor investments, spendthrift habits or the undue influence of family and friends.

Can you cash out a structured settlement?

If you have a structured settlement in which you receive your personal injury lawsuit award or settlement over time, you might be able to "cash-out" the settlement. To do this, you sell some or all of your future payments in exchange for getting cash now.

How can I avoid paying taxes on a settlement?

Spread payments over time to avoid higher taxes: Receiving a large taxable settlement can bump your income into higher tax brackets. By spreading your settlement payments over multiple years, you can reduce the income that is subject to the highest tax rates.

Is settlement money considered income?

Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally tax that money. However, personal injury settlements are an exception (most notably: car accident settlements and slip and fall settlements are nontaxable).

What percentage do structured settlement companies take?

9% to 18%How Do Structured Settlement Purchasing Companies Make Money? Factoring companies generally take anywhere from 9% to 18% to cover their operating costs and turn a profit.

How do I sell my structured settlement?

You can sell your structured settlement to a factoring company for immediate cash. Although you must first obtain court approval, you have the legal right to cash out your payments, either in part or in full, to a structured settlement buyer.

How do structured settlement companies make money?

Structured settlement purchasing companies, also known as factoring companies, serve those selling their structured settlement payments. These companies offer settlement owners lump sums of cash in exchange for the rights to future payments or portions of future payments.

How do I get my money from a structured settlement?

Put simply, a structured settlement is not a loan or a bank account, and the only way to receive money from your settlement is to stick to your payment schedule or sell part or all of your payments to a reputable company for a lump sum of cash.

What percentage do structured settlement companies take?

9% to 18%How Do Structured Settlement Purchasing Companies Make Money? Factoring companies generally take anywhere from 9% to 18% to cover their operating costs and turn a profit.

Can you withdraw from a structured settlement?

Unlike people who bought annuities as part of a financial or retirement plan, structured settlement recipients are not allowed to withdraw money early. But you still have options, including selling future payments.

Can you get out of a structured settlement?

If you have a structured settlement in which you receive your personal injury lawsuit award or settlement over time, you might be able to "cash-out" the settlement. To do this, you sell some or all of your future payments in exchange for getting cash now.

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