Settlement: Strategies & Solutions
Plaintiffs can regularly keep more of their recoveries with our Trust Solutions. And while they plan, trial lawyers can receive their fees.
Settlement taxation follows two statutory rules. IRC § 61 treats all income as gross income unless excluded. IRC § 104(a)(2) excludes damages received on account of personal physical injury or sickness. Punitive damages remain taxable regardless of injury. Emotional distress is excludible only when caused by physical injury. Strategic allocation within the settlement agreement controls which rule applies to each portion.
Strategies
We develop settlement strategies with planners and counsel across the country. And our Expert Team is always educating.
Tax language at settlement can cut tax, even in tax-free settlements. Structured settlements can defer tax and provide subsidies. And lawyers can boost fee value through deferral and retirement plans.
We’re glad to talk through issues and refer you to the right advisors.
Solutions
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