Plaintiff Attorneys are one of the few professionals that have the ability to defer the income taxes due on contingency fees. An attorney fee structured settlement that is properly designed can cover a variety of needs such as overhead costs, college plans and retirement income. Unlike traditional retirement accounts, there are no restrictions with regard to age or monetary contributions. The U. S. Court of Appeals for the 11th Circuit affirmed in Richard A. Childs, et al. v Commissioner of Internal Revenue, that attorneys may structure their fees, holding that taxes are payable on structured attorney fees in the year payments are received.
Structured Annuities offers assistance with the entire Medicare Set-Aside process. From obtaining case information to submitting the set-aside allocation for approval, we can help ensure that you and your client are in compliance. We have formed alliances with some of the foremost experts in the country to provides these services. The Medicare Secondary Payer statute provides that Medicare will always be secondary payer to workers’ compensation and other insurance such as no-fault and liability insurance.
The professionals at Structured Annuities attend mediations and prove-up hearings at our own expense. During mediations, our professionals provide settlement offer evaluation, structured settlement evaluation and assistance with correctly wording any Rule 11 Agreement so that your client does not lose the ability to enter into a structured settlement or select the insurance company of their choice. At prove-up hearings our professionals are present to provide detailed information regarding the structured settlement and life insurance company financial information to ensure Court approval.
Our professionals have in-depth knowledge with regard to Texas Property Code Section 142 Trusts and Texas Probate Code Section 1301 Trusts and whether the trust should include “special needs” provisions for clients that receive benefits from “needs based” government assistance programs. We have relationships with trust attorneys around the state to draft the trust documents, and banks that provide the best service with the lowest administrative fees.
Since 1993, Structured Annuities has been implementing Internal Revenue Code Section 468B Qualified Settlement Funds (“QSF”). A “QSF” simply gives plaintiff’s counsel more control over the distribution of settlement proceeds, while the defendant is released contemporaneously upon funding the QSF and execution of a release agreement. Plaintiff’s counsel favor this method because defendants no longer have possession of the settlement funds when settlement proceeds are being allocated among claimants, expenses are being determined and structured settlement arrangements are being considered.
Our professionals understand the schedule of Plaintiff Attorneys, and that time is of the essence, so all annuity illustrations are provided the same day as requested.
Structured Annuities provides quantitative life care plan analysis by calculating the cost of a series of annuities used to fund the future needs outlined in the life care plan.
Structured Annuities provides the annuity language that must be incorporated into the settlement agreement as well as the qualified assignment documents. Our firm will also review the annuity portion of the settlement agreement to ensure compliance with Internal Revenue Code Sections 104(a)(2) and 130. Our firm will assist you and your clients with every step of the structured settlement process.
A settlement offer is often in the form of cash and future periodic payments. Structured Annuities will evaluate and verify the actual cost of the periodic payments included in the settlement offer.
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