Apr 2, 2023 02:52
1 yr ago
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English term

qualified assignment

English to Polish Law/Patents Law (general) physical injury case
Structured settlements and qualified assignments, in widespread use in physical injury cases, facilitate settlement of recoveries excludible from gross income under Secs. 104(a)(2) and 130. In nonphysical injury cases, structured settlements, paired with
nonqualified assignments, may provide plaintiffs with payment security and tax deferral resulting from periodic payments.
Plaintiffs may be able to defer income recognition from nonphysical injury recoveries to when the payments are actually
received. In today’s increasingly litigious society, recoveries for tort actions stemming from physical injuries frequently eclipse seven figures. Structured settlements are being used in such tort actions in increasing numbers. Of course, most traditional structured settlements involve excludible periodic payments made “on account of personal physical injuries.” These traditional settlements are frequently paired with Sec. 130 qualified assignments.

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Proposed translations

4 hrs
Selected

przeniesienie odpowiedzialności odszkodowawczej

nieśmiała propozycja;
lub może "przeniesienie zobowiązań odszkodowawczych", aby uniknąć słowa skojarzenia z "liability"
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4 KudoZ points awarded for this answer. Comment: "Thank you very much, Ewa."

Reference comments

8 mins
Reference:

What is a qualified assignment?

A qualified assignment is a formal arrangement wherein a defendant or its insurance company or other representative agrees to transfer their obligation to make future periodic payments to a third party (“an assignment company”).

When a settlement is reached that involves future payments to the claimant, the defendant and its insurers typically anticipate meeting the obligation to make the future payments with a structured settlement annuity. Structured settlement annuities typically require qualified assignments. A qualified assignment is a formal arrangement wherein a defendant or its insurance company or other representative agrees to transfer their obligation to make future periodic payments to a third party (“an assignment company”). This is generally done using a uniform qualified assignment (“UQA”) document. The UQA is designed to meet the requirements of IRC Section 130, which is the section that determines what cases qualify for an immediate tax deduction for the payor after making a third party assignment.

- https://www.asburynewton.com/learn/what-is-a-qualified-assig...
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