The U.S. Internal Revenue Code (“IRC”) is far from simple as most of us are aware, and consists of several thousands of pages. It is also constantly changing. This complexity and state of constant flux is not necessarily a bad thing however. In some cases, it can work to one’s advantage, particularly when it comes to certain types of annuities – even if those annuities are sold for a lump sum.
Before going any further, two things need to be said; first, neither CBC nor the company’s employees or contractors are offering tax advice here. Tax law is a legal specialty all its own, and every individual’s financial circumstance is unique. Anyone facing decisions about liquidating an annuity or structured payment should consult a tax professional before committing to any course of action. Secondly, there are several different types of annuities and structured payouts, all of which are treated differently under the IRC.
Annuities and structured payments generally fall into one of three broad categories:
- Investments: in the past, this was usually a method to ensure guarantee income for a set period of time or for the remainder of a measuring life. This is commonly used as a retirement tool. Today, there are many different types of accounts and investments that do this, such as fully taxable policies, deferred policies which can be held individually or in retirement accounts such as IRAs and 401(k) plans.
- Structured Settlements: these may result from a successful legal action (lawsuit) or an insurance claim. Personal injury structured settlements are often paid in monthly or annual installments.
- Lottery Winnings: Those rare individuals whose number finally comes up are usually offered a choice between a lump sum payment (which is about 60% of the total jackpot), or yearly payments spread out over 20 years.
Selling structured payments in exchange for a lump sum involves all three.
If you purchase a taxable investment annuity or win a lottery, taxes will be withheld from your prize before you receive it.
As far as a court-awarded settlements or private legal settlements for personal injury settlements, the IRS has ruled that such payments are non-taxable by the Federal or state governments.
You will be interested to know that in Private Letter Ruling 119273-97, the IRS says that you incur no tax liability when you sell your structured settlement to another individual or business entity. If however you are doing this in order to invest in something else, any interest or return on that investment is subject to the normal tax rate.
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