Call or Text Us: (904) 200-0233
Call or Text Us: (904) 200-0233
A Qualified Settlement Fund (QSF) is an exceptionally useful settlement tool for creating time to optimally resolve one or more claims. When a QSF is setup, the defendant makes a payment into the account in exchange for a full and final release. The process is supervised by a court and has been used for decades.
Allows you to enter into a cash release with defendant instead of waiting to integrate decisions on what to do with the financial recovery.
Often times, the defense will create restrictions on who they will send money to, which may prohibit plaintiffs and attorneys from choosing the solution they desire. A QSF eliminates these restrictions.
Since the QSF steps in the shoes of the defendant, no taxable event has taken place. This keeps the window open to plaintiffs and attorneys for tax-free and tax-deferred options.
Although a QSF allows you to select options the defense is prohibiting access to, many of the current annuity providers will not publicly accept funds from a QSF that they determine is for a "single claimant". Therefore, it is important to have an idea of what company or product you would like to ultimately select before having the funds directed into a QSF. We do not want the QSF to prevent you from getting what you want, whether it be a specific product or solution provider. What we DO want is to allow YOU to implement YOUR choice after being educated on what can be done.
The cost to establish and administer a QSF is approximately $5,000. This fee covers the expense of hiring counsel to petition a court for approval, setting up the account, making distributions that are approved by the judge, and filing tax returns. This cost would reduce either the net recovery of the plaintiff or the fee earned by the law firm, depending on who will incur this expense.
There will be times when the defense will refuse to fund a QSF. You may be wondering "Why? They are getting a full and final release!" You are not alone.
There are several reasons why they take this position. For starters, their annuity broker would not be participating in the commission if a structured settlement is funded from the QSF vs. being funded directly by defense. This likely means less dinners, golf rounds, bottles of wine, and other entertainment experiences for the insurance adjusters and risk managers telling you "no" to a QSF.
Another reason is they lose the opportunity to fund the annuity with their preferred company. This may be profit-driven if the annuity provider is a related entity to the defense's P&C carrier, or perhaps for other business considerations.
They will likely argue that QSFs may not be valid for single-event cases because they were originally created for large class actions. There are many counterarguments to this, including various Treasury regulations and IRS rulings. QSFs have been utilized for decades on thousands of cases nationwide and there is no citation available for a QSF being deemed invalid.
If you encounter push back on implementing a QSF, please contact us for expert and professional assistance navigating this issue:
Email: chris@buasettlements.com
Phone: (904) 200-0233
Our team will need to know the following in order to begin the process of establishing a QSF: name of attorney, name of law firm, a copy of the complaint, who will pay the $5,000 setup fee (firm or plaintiff), and when will the QSF be expected to receive funds. This can be sent to us via email at chris@buasettlements.com.
Our team will send you a Statement of Work outlining the services that will be rendered and costs, as well as a Services Agreement outlining the terms and standards for the administration process.
General counsel retained by QSF Administrator will obtain formal approval from Court to establish the QSF and that Court will maintain jurisdiction and oversight over the activities of the QSF until it is winded down.
Funds from the defense will be deposited into FDIC-insured bank account, earning interest that will be shared 50/50 with the QSF Administrator and the law firm/plaintiff(s).
Once the law firm and plaintiff(s) have decided how and whom to direct the settlement proceeds, those instructions are taken to the Court for approval and then issued via bank wire. Court approval is usually same-day or next-day, with wires being issued same-day as approval.
The QSF Administrator will submit the appropriate tax filings and obtain approval to close the account after all distributions have been made and the account balance is $0.
Copyright © 2024 Bua Settlements LLC - In collaboration with Mirena and Company (www.mirenaandco.com) and structured settlements placed through Sage Settlement Consulting (www.sagesettlements.com)
Bua Settlements LLC does not provide tax or legal advice. Information contained herein is not tax advice nor is it intended or written to be used, and cannot be used, for the purpose of avoiding any tax penalties. You should seek advice based on your circumstances from an independent tax advisor if you have tax-related questions.
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