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.
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Category: Settlement Tax Issues
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Same sex couples can now file jointly. if lawfully married under state law. At least one company that issues structured settlement annuities, Berkshire Hathaway Life Insurance Company of Nebraska and First Berkshire Hathaway Life Insurance Company, which operates in New York, has indicated that they will issue joint life annuities to same sex couples that…
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With respect to structured settlements for personal injury, payable to Australian nationals, the Australian tax exemption is limited to circumstances where an annuity is purchased from an Australian insurer registered under the Life Insurance Company Act of 1995, or a State Insurer
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Use of a structured settlement created outside a Special Needs Trust feeding payments into the SNT, is helpful as a tax-free volatility buffer. Compare the potential outcome of a comparable amount invested to the cost of the structured settlement (by the trustee of the SNT) in a permissible taxable investment.
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Employment Related Structured Settlements can help Bridge Gaps, Defer Tax and Guarantee Cash Flow to Help Settle Employment Cases. An incredibly humanistic settlement solution for employment related claims and lawsuits
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Settlement expert John Darer CLU ChFC CSSC RSP provides a variety of annuity and non-annuity funded tax deferral solutions for structured attorney fees
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The May 2011 revision of the IRS 'Lawsuit, Awards and Settlements Audit Techniques Guide is packed with useful information for structured settlement consultants, plaintiff and defense lawyers and advisors. The 44 page reference guide includes chapters about 1. Taxability of Lawsuit Payments 2. Related topics, including Payroll and Self Employment Tax Considerations Deductions for Attorney…
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The “Grillo Case” illustrates potential attorney fee liability for not considering structured settlements. Legal malpractice concerns arise over whether there is a duty to offer them, especially given errors in reporting on the case. The firm’s failure to implement a Special Needs Trust contributed significantly to Medicaid losses, not merely the structured settlement discussion. Legal…
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Can you structure damages paid for pre-death pain and suffering or other elements of damages originating PRIOR to the decedent’s death? Can a decedent’s heirs avoid these elements of damages by simply allocating 100% to wrongful death?
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Tax increases improve the intrinsic value of existing structured settlements, as well structured attorney fee programs and non qualified assignments. An increase in income tax also makes new structured settlements more attractive, even at times when yields are modest.
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To avoid constructive receipt when setting up a structured settlement, a key element to the structured settlement transaction is that periodic payments MUST be part of the consideration stated in the settlement agreement