Structured Settlements 4Real®Blog 2026

Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.

by John Darer® CLU ChFC CSSC

The Structured Settlement Factoring Audit Technique Guide (rev. 08/2009) on the IRS website provides valuable information on how the IRS views and interprets the laws concerning the excise tax on the factoring discount in structured settlement factoring transactions, imposed under IRC 5891.

The IRS' Structured Settlement Factoring Audit Technique Guide includes sections on:

  1. Introduction/Background, including the law, definitions and appeal rights
  2. Audit Techniques
  3. Determining Taxability
  4. Sources of Information

The fallacy "IRC 5891 made factoring legal", peddled to structured settlement industry vig takers by Patrick Hindert, and others, is now fully discredited and laid to rest.

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