What is Structured Settlement?
A structured settlement is next best option to
wholesome payments. They set the future stream of payments on a
tax-free basis. One may take a certain amount in cash at the
commencement and the party who has to pay, for example the life
insurance companies pay a fixed amount at fixed intervals to the
benefactor.
It saves a considerable amount of money as all the
installments made are tax-free. In a structured settlement, all the
future payments are tax-free, saving a considerable amount of
money.
For instance, the life insurance company may assure
$ 1500 every month for life with a 20-year guarantee. Even if the
person dies prior to the expiry of the affixed period, the money
will be made for all these 20 years.
How did Structured Settlements begin?
A study conducted by the Congress came out with a
fact that many people who received large lawsuit awards because of
physical injuries lost the money very quickly, usually within 5
years. This was because these people became 'rich' suddenly and so
the friends and relatives approached them for loan and help. In case
one refused, the injured was made to feel guilty.
Besides one also had to undergo added stress of
investment. A large amount of money can indeed disappear amazingly
fast.
What happened to these people?
These people were forced to turn to public
assistance as many of them could no longer work owing to their
injuries. They usually spent all their money on bad loans and
investments.
How did Congress help the injured victims?
The ordinary non-professional investor was now
given the choice of long term secured tax-free returns. Congress
decided to remove all tax obligations for those who took future
payments in a structured settlement. By removing your silent
partner, the IRS, (who always has their hand in your pocket) the
structure option looks very attractive. In essence, Congress wanted
to make the long-term safe investment so attractive because of no
taxes that you wouldn't want to miss the opportunity.
Didn't the government face a major loss in the lost
tax revenues?
Yes, with over $50 billion in structured
settlements since the early 1980's, the government has lost billions
in tax revenues. Yet this proved to be a good public policy and
rightly targeted the truly needy ones. The government anyhow saved
in the deal as it saved billions, that otherwise would have been
spent on public assistance to those who would have been broke after
a few years.
Can anyone receive a Structured Settlement?
No. This sort of settlement is only provided to the
ones who receive money because of a physical injury. It is available
to less than even 1% of the population. Another thing that must be
taken care of is that the structure must be purchased at the time of
settlement. After the settlement agreement is signed it is too late.
Why does your site only offer estimated quotes and
not real quotes?
A Structured Settlement is a highly custom and
competitive product. Each company offers varied services on
negotiation basis and special offers to mark a cut above their
competitors. Life expectancy discount for injured plaintiffs,
special daily rate that is better than the book rates, are just a
few to mention. So life insurance companies must make a
custom bid on each situation. So this site only
offers estimates that can further be checked in detail. We request
you to submit the information to us through e-mail, phone, fax or
mail and we shall provide you with an accurate quote.
How much will this tax break be worth to me if I
take a Structure Settlement?
As per the general rule of thumb, you are sure to
save 25% to 35% in state and federal taxes. Also, each situation is
unique and for exact savings the figures must be analysed. Say, you
were to receive a million dollars paid slowly to you over time. You
would keep the $250,000 to $350,000 that would normally go for taxes
to the state and federal government.
What am I giving up if I take the Structured
Settlement as opposed to all cash?
To receive the tax break, Congress said that the
future stream of payments must be "fixed and determined" at the time
of settlement. So you only loose some flexibility. Once the
agreement is done, the payment stream, payment dates and amounts
cannot be changed.
Why doesn't congress want you having flexibility?
Congress believes that flexibility is the root to
several problems in the economic world. So they want you to trade
your flexibility for a big tax break. Of course you can keep total
flexibility by taking all cash. You can get around this somewhat by
how you structure your payments.
How can one maintain flexibility and still qualify
for a Structure Settlement?
For instance, consider a structured settlement that
would pay you $3,000 per month for life. Now, if you take the second
choice that would cost the same, and you $ 5,000 per month for 10
years only, it will pay you an a total of $600,000, absolutely tax
free. You would have more flexibility because you get your money
back quickly. After 10 years, no more tax-free payments. To maintain
access to your cash, you would take advantage of the structured
settlement for a shorter period.
How safe are Structured Settlements?
Absolutely safe. Some of the leading companies in
USA with over $50 billion in assets offer this system. While some of
them have now been in the top slot for over 100 years, some also
have the highest possible rating from A.M. Best, Standard &
Poor's, Moody's or Duff & Phelps.
Can I have my future payments Structured anyway I
like?
Yes. The structure can be tailored to meet your
needs. Usually we provide three structure options for you first to
consider. You make changes on those to meet your needs.
What are the common payment streams in Structured
Settlements?
Usually the users opt for a life annuity with
a guarantee period. For example, $2,000 per month for life with a 20
year guarantee. Payments will be paid a minimum of 20 years and then
for the life of the person thereafter.
What happens if I die before the 20 year guarantee
period is over?
Payments will continue each month until the 20
years are over. Payments will be made to your estate, or your
beneficiary if you named one.
What about inflation?
You can have your payments increase each year you
are alive. For example, you may purchase an annuity with a 3%
increase each year to fight inflation.
Why are life annuities most preferred?
Majorly because of the lifetime financial security
they provide and because people want to transfer the risk of living
a long time to an insurance company. No one can predict as to how
long shall they live, and that is the key problem in one's financial
planning. Consider a 65 year old with $200,000. If he spent $50,000
per year the money would be gone in about 4 years. If he spent
$20,000 per year the money would be gone in about 13 years (with the
interest). How much should he spend each year to live at the highest
standard of living?
So this is mere logical reasoning?
Surely. With the structured system a person's
standard of living is secured and the risks are transferred to the
insurance company. Even if one grows hundred years old, he has in
store a lifetime financial security.
What does insurance company benefit if he lives a
long time?
The insurance company makes money on those who live
shorter than expected and lose money on those that live longer then
expected. In case the company looses money, law of averages applies.
A friend of mine looked at the structure offer and
thought his investment manager could do better. Can he?
It is very unlikely. The investment managers need
to do a lot better then the insurance company because of the taxes
that will need to be paid. Insurance companies are intensely
competitive and hire the best money managers available. Besides,
only life insurance companies can offer life payments.
Is there anyway I can know for sure if the other
investment manager can do better?
Why won't the investment manager believe that
structured payments are tax-free?
Because structured settlements are rare, and are
only are available for those with physical injury lawsuits. Many
people haven't heard of them, including most investment managers. If
he insists it can't be true, refer him to Section 104(a) and 130(c)
of the IRS code.
I hear that lump sums paid every few years with
life annuities are also popular. Why?
Yes. In such cases the payment is divided in two
parts, monthly for the regular expenses and lump sums for investment
or vacations. The lump sums are for special uses, such as vacations,
major purchases, or to invest. With the lumps sums paid every few
years, it is easy to plan for these events. For instance, a life
annuity may pay $1,500 per month plus a $40,000 lump sum every 5
years.
Does the insurance company send me a
cheque each month?
For those who would like to receive a cheque in the
mail, the cheques are mailed out 10 days in advance of the due date.
Though insurance companies always suggest you to opt for the
electronic transfer where the amount is directly transferred into
your account. You don't have to worry about your cheque then.
In case I have taken all cash, can't I buy an
annuity with my money after settlement? It would give me more time
to make up my mind.
Yes. But it is not a structured settlement annuity
and so you would have to pay taxes on it. Also, the rates are not as
good. So, not only do you pay more for the annuity, you pay taxes as
well.
Why are the rates better for structured annuities
then for regular annuities?
Life expectancy, competition, premium taxes, this
has a number of reasons involved. Consider an insurance company that
offers both regular as well structured annuities. It will charge
4.9% more to same healthy person for a regular annuity. So you pay
more and pay taxes.
Annuities are often advertised as 'tax deferred'.
What's the difference and comparability?
The tax deferred language they use is somewhat
deceptive. Tax deferred annuities are the same as regular annuities.
You are taxed each year with a regular annuity, though some of the
money paid to you each year in your monthly cheques is return of
your original investment and some is earned interest. You only pay
taxes on the earned interest portion.
What are the other benefits of structured
settlements?
Yes, insurance companies will discount the price
based on your injury only for structured settlements. For example, a
30-year old woman has about a 50 year old life expectancy (she
should live until 80). But if she is injured, the insurance company
might conclude she has a 30-year life expectancy and reduce the
price accordingly.
How do the insurance companies decide how much to
discount the price?
The insurance company has its own team of doctors
who review medical records and make a decision on the discount
factor. It is more of art than a science. They all come to a
different conclusion. If you take the best discount from the group,
you are getting a very good discount.
How much of a discount do they give?
Each case is different. Typically it varies between
5% and 60%, depending on the nature of the injuries.
Is this in addition to the price discount from a
regular annuity mentioned above?
Yes. They do not give this life expectancy
reduction discount on regular annuity. So there are really 3
separate discounts given for settlement annuities. (1) No taxes. (2)
General pricing discount. (3) Life expectancy reduction discount.
Would you buy a structure settlement if you had a
chance?
Definitely. Even the money managers couldn't
consistently match the returns of a structured settlement mainly
because of the big tax break given to structured settlements. Plus
all the financial planning and worrying would be over. All I would
need to do is spend the money that would be electronically
transferred into my account each month.