26 U.S.C. 5891, read September 2026
Whether a court has to approve the transfer in United States
What 26 U.S.C. 5891 says about whether a court has to approve the transfer in United States, quoted verbatim from 26 U.S.C. 5891, Structured settlement factoring transactions, read September 2026.
- the statute quoted here
- 26 U.S.C. 5891
- of the statutes read address this question
- 4/5
- the day these pages were read
- 2026-09-11
The statute's own words
The tax under subsection (a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is approved in advance in a qualified order.
That sentence is the whole of what 26 U.S.C. 5891 says on this point in the section cited. It is reproduced here for reporting and comment; it is not legal advice, and nothing on this page is our reading of it.
The same question in other jurisdictions
| Jurisdiction | What the statute says |
|---|---|
| Texas | No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the courtTexas Civil Practice and Remedies Code, Chapter 141, read September 2026 |
| Florida | express findings by the court that: 1. The transfer complies with this section and does not contravene other applicable lawFlorida Statutes s 626.99296, Transfer of structured settlement payment rights, read September 2026 |
| New York | shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction based upon express findings by such courtNew York General Obligations Law s 5-1706, read September 2026 |
Side by side, each in its own statute's words. Where two jurisdictions differ, the difference is between the two quotations; it is not our characterisation of either.
Where this comes from
Reproduced from 26 U.S.C. 5891, Structured settlement factoring transactions as it stood on September 2026; the plain text of that page from that day is stored beside the record, so the sentence can be checked against its origin. Across the questions asked here, 26 U.S.C. 5891 answers 3 and says nothing quotable on 2.
Cite or embed this figure
26 U.S.C. 5891 on whether a court has to approve the transfer in United States: “The tax under subsection (a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is approved in advance in a qualified order.” (Structured Settlement Compare US Transfer-Law Record).
Cite as: "Structured Settlement Compare US Transfer-Law Record: Whether a court has to approve the transfer, United States", updated 2026-09-11, https://structuredsettlementcompare.com/law/united-states/court-approval/.