26 U.S.C. § 468B: Special rules for designated settlement funds

For purposes of section 461(h), economic performance shall be deemed to occur as qualified payments are made by the taxpayer to a designated settlement fund. There is imposed on the gross income of any designated settlement fund for any taxable year a tax at a rate equal to the maximum rate in effect for such taxable year under section 1(e). which are incurred in connection with the operation of the fund, and which would be deductible under this chapter for purposes of determining the taxable income of a corporation. the amount of such payment shall not be treated as income of the designated settlement fund, the basis of the fund in any property which constitutes a qualified payment shall be equal to the fair market value of such property at the time of payment, and the fund shall be treated as the owner of the property in the fund (and any earnings thereon). The tax imposed by paragraph (1) shall be in lieu of any other taxation under this subtitle of income from assets in the designated settlement fund. a designated settlement fund shall be treated as a corporation, and any tax imposed by this subsection shall be treated as a tax imposed by section 11. No deduction shall be allowable for any qualified payment by the taxpayer of any amounts received from the settlement of any insurance claim to the extent such amounts are excluded from the gross income of the taxpayer. any amount which may be transferred from the fund to the taxpayer (or any related person), or the transfer of any stock or indebtedness of the taxpayer (or any related person). which is established pursuant to a court order and which extinguishes completely the taxpayer’s tort liability with respect to claims described in subparagraph (D), with respect to which no amounts may be transferred other than in the form of qualified payments, which is administered by persons a majority of whom are independent of the taxpayer, which is established for the principal purpose of resolving and satisfying present and future claims against the taxpayer (or any related person or formerly related person) arising out of personal injury, death, or property damage, under the terms of which the taxpayer (or any related person) may not hold any beneficial interest in the income or corpus of the fund, and with respect to which an election is made under this section by the taxpayer. The term “related person” means a person related to the taxpayer within the meaning of section 267(b). This section (other than subsection (g)) shall not apply with respect to any liability of the taxpayer arising under any workers’ compensation Act or any contested liability of the taxpayer within the meaning of section 461(f). Except as provided in regulations, any payment in respect of a liability described in subsection (d)(2)(D) (and not described in subsection (e)) to a trust fund or escrow fund which is not a designated settlement fund shall not be treated as constituting economic performance. Except as provided in paragraph (2), nothing in any provision of law shall be construed as providing that an escrow account, settlement fund, or similar fund is not subject to current income tax. The Secretary shall prescribe regulations providing for the taxation of any such account or fund whether as a grantor trust or otherwise. it is established pursuant to a consent decree entered by a judge of a United States District Court, it is created for the receipt of settlement payments as directed by a government entity for the sole purpose of resolving or satisfying one or more claims asserting liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the authority and control over the expenditure of funds therein (including the expenditure of contributions thereto and any net earnings thereon) is with such government entity, and upon termination, any remaining funds will be disbursed to such government entity for use in accordance with applicable law. any portion of such fund which is established pursuant to a court order and with qualified payments, which meets the requirements of subparagraphs (C) and (D) of section 468B(d)(2) of the Internal Revenue Code of 1954 [now 1986] (as added by this paragraph), and with respect to which an election is made under subparagraph (F) thereof, shall be treated as a designated settlement fund for purposes of section 468B of such Code, such corporation (or any successor thereof) shall be liable for the tax imposed by section 468B of such Code on such portion of the fund (and the fund shall not be liable for such tax), such tax shall be deductible by the corporation, and the rate of tax under section 468B of such Code for any taxable year shall be equal to 15 percent, and any transaction by any portion of the fund not described in clause (i) shall be treated as a transaction made by the corporation.”