A structured settlement often yields, in total, more than a lump sum payment would because of the interest your annuity may earn over time. In short, to answer the question, what are the interest rates on structured settlement annuities like right now? they are bad. Despite that, a structured settlement annuity should continue to be a consideration for your client. It might make sense if the payment isn't necessary for a few years.
The main advantage of a structured settlement, in addition to the limitations on waste, is the tax-free status of the profits involved. All settlements are tax-exempt, but if you invest that money and earn interest, that accrued interest is taxable. Interest earned on the annuity of a properly structured settlement is not taxable; they are all considered part of the settlement. A qualified assignee can work with both the defendant and the plaintiff to negotiate the terms of the structured agreement.
The Federal Periodic Payment Settlement Act of 1982 made court approval mandatory for all sales of structured settlements to ensure that the best interest of the consumer comes first and limit any party from taking advantage of the receiver of the settlement. Basically, you sell your settlement payments at a deep discount through a settlement transfer in exchange for a lump sum of cash. It's common for some clients to ask their lawyers if it's possible to sell their structured settlement annuities. And if you have named a payee for a structured settlement annuity, that person could continue to receive tax-free payments after their death.
Structured agreements are voluntary, which means that both the plaintiff and the defendant have to agree. The key difference between adults and minors is that minors cannot control their settlement payments, so parents are in charge. It's important to weigh the pros and cons of agreeing to a structured agreement in relation to your unique circumstances. However, if the state takes the community property route, the state can divide the agreement regardless of whether the agreement was received, either before or during the marriage.
Since the structured settlement annuity is essentially an income annuity, inheritance is treated as such. Arnold observes: “Because structured payments are insured and guaranteed, the ups and downs of the stock market will not affect your payments. That relieves accident survivors of the stress of making the right investments with settlement funds. The settlement is then spread out into a series of periodic payments over an agreed period of time rather than a one-time payment in most cases.
The way structured agreements work can vary, but generally the paying party buys an annuity from an insurance company and the injured party receives the payments over a period of years. In addition, unless structured payments go to qualified funding vehicles, such as custody accounts or trusts, the recipient of annuity payments may permanently lose the ability to access public funds such as Medicaid and Medicare.
