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Qualified settlement fund administrator Form: What You Should Know
Iii) The trust is subject to the tax laws (filing and withholding) of any applicable state. 26 CFR Part 775 — IRS Distribution Guidelines The trust is treated as: (1) a taxable, regulated investment of capital; and (2) a qualifying taxable trust. 26 CFR § 1.470 — Trusts. When the trustees are dissolved, the proceeds of the fund (less the tax, brokerage, and administrative expenses and a capital reserve) must be immediately placed in the hands of the fund administrator of the trust. This is known as the distribution. The trust administrator of the trust is a fiduciary for the fund. The administrator shall act in the trust's interest, and shall promptly distribute to the fund any amounts that exceed the amount required to keep the trust in sufficient operating financial condition. 26 CFR §§ § 1.468A-3 and 1.468A-1. This requirement applies to the following trust types: A Qualified Settlement Fund (qualified fund) A Qualified Settlement Fund (qualifying fund) A Special Purpose Account (special purpose account) A Special Purpose Account (special purpose fund) A Settlement Trust (settlement trust) A Settlement Trust (special purpose account) A Settlement Trust (special purpose fund) For more information visit the Trustee Blog. Qualified Settlement Funds Taxpayers may create a legal fund that is used for qualified settlement payments only. Section 8 of the settlement agreement requires that the qualified settlement funds must be “miniÂmized” (defined below). Minimization means that payments made by beneficiaries of such legal settlements must exceed the fair market value of a similar payment made in other legal settlements. Deductions are allowed and a return of the tax due on a portion of the distributions by the fund must be filed. 26 CFR § 1.468D–1 — Qualified Settlement Funds. Minimization Requirements To be eligible for minimization, fund distributions: The fund may not be used to make payments to any person to settle claims, except (i) payments under section 2054 of this title and (ii) amounts included in the plan with respect to settlement expenses. The fund may be used only to make payments to the legal representatives, beneficiaries, or trustees of the fund. There is a limit on the value of the fund to be held in this trust.
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