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Frequently Asked Questions Regarding Tax Free Benefits

Can Children or even Nephews and Nieces of a Physically Injured Person Receive Annuity Payments Income Tax Free?

Can a structured settlement be tax free to the claimant if the claimant or his/her attorney knows the cost of the structure?

Can the claimant purchase a single premium annuity after the settlement, thereby by-passing the defense?

The claim involved emotional trauma, but no physical injury. Can the settlement be structured tax free?

How are Veteran benefits affected by a structured settlement?

A veteran's salary or his pension benefits are paid to him regardless of his other income. Thus, a structured settlement would have no impact on those payments.

Surviving spouse, parent or children's benefits paid by the VA are impacted by income received by the dependent. Thus a structured settlement payment could impact negatively on those dependent benefits.

Similarly the payment of the cost of hospital treatment, or nursing home care are also impacted by the patient's income. So again reception of structured settlement payments could effect those health related benefits. Special Needs Trusts are sometimes used to assist in this area.

If the veteran is receiving service related disability payments, they are not income impacted. Thus a structured settlement has no effect. But, if the disability is non-service oriented a structured settlement would count against the disability income.

Is it better to name a specific person as the beneficiary of the guaranteed benefits of the annuity or the estate of the annuitant?

 

 

 

 

 
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Last modified: 02/26/10

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