Run the Numbers

Three different structures.
Three different calculators.

Tell us which one you are (appreciated-asset seller, attorney with a contingent fee, or plaintiff with a physical-injury settlement) and we'll route you to the math that matches your situation. Different code section, different mechanics, different number.

Pick the one that fits
Before you read further

What is the tax bill on your sale going to be?

Send me the sale price and rough basis. Within one business day I'll email you the actual number and the Seller's Guide to §453. If it doesn't fit your deal, I'll tell you that plainly.

Hans Goldstein, EA
Admitted to practice before the IRS

No retainer · no obligation. Hans Goldstein, a licensed insurance agent (CA Insurance License #4273294), will contact you and may discuss insurance products, including annuities.

Which are you?

Each calculator runs on the actual IRS code for that scenario: §453 for property/business sales, Childs v. Commissioner for contingency-fee attorneys, §104(a)(2) for physical-injury plaintiffs. Pick wrong and the math is wrong.

Seller

I'm selling an appreciated asset.

Property, a business, raw land, a syndication stake, anything sitting on a big capital gain.

The problem: California stacks federal LTCG (15 to 20%) + NIIT (3.8%) + state ordinary income (up to 13.3%) on the gain. A $2M gain at closing can mean $700K+ to the IRS and FTB in one year.

The structure: §453 Structured Installment Sale. The carrier-funded annuity spreads the gain across 5 to 40 years instead of compressing it into Year 1. Same dollars, lower brackets, deferral, IRMAA control.

  • Sell once, get paid in monthly checks for 5 to 40 years, owed by an assignment company and funded by a fixed annuity from a highly rated insurer (A or better by A.M. Best or equivalent)
  • IRS taxes each check as it arrives, not the whole sale up front
  • Must be structured before the close of escrow

IRC §453 · §453B · Treas. Reg. §15A.453-1

Run the SIS Calculator Pro →
Attorney

I'm an attorney with a contingent fee about to hit.

Personal-injury, plaintiffs' firm, class-action lead/liaison counsel, ERISA / §1988 statutory fees, mass tort.

The problem: A big verdict drops the entire contingent fee in Year 1 as ordinary income. Top bracket, all of it. The 1099 in January decides whether the win actually feels like one.

The structure: Structured attorney fees under Childs v. Commissioner. Fee terms fixed in the settlement before the fee is payable, funded by an annuity and paid over years. The Tax Court (1994) found no constructive receipt and no §83 property on those facts; the 11th Circuit affirmed without published opinion (1996).

  • Designed before the settlement papers are signed
  • You pick the schedule; an assignment company owes the payments, funded by an annuity from a highly rated insurer
  • Tax Court precedent since 1994; the IRS reads it narrowly (AM 2022-007)

Childs v. Comm'r, 103 T.C. 634 (1994), aff'd, 89 F.3d 856 (11th Cir. 1996)

Run the attorney-fee calculator →
Plaintiff

I have a client (or am the plaintiff) with a physical-injury settlement.

PI, wrongful-death, med mal, product liability with physical injury, premises, motor vehicle, FELA, Jones Act, workers' comp.

The opportunity: §104(a)(2) is the broadest tax exclusion in the Code: every dollar of compensatory damages for personal physical injury is excluded from gross income. Federally, by every state, clear of NIIT, clear of Medicare.

The structure: §104 Structured Settlement with a §130 qualified assignment. The lump-sum equivalent funds a carrier annuity; every payment (principal AND growth) arrives tax-free, for the entire schedule.

  • Only annuity in the U.S. tax code where every penny is excluded from gross income
  • Same statutory exclusion that makes the underlying recovery tax-free
  • Designed before the settlement papers are signed

IRC §104(a)(2) · §130 · Rev. Rul. 79-220

Run the §104 calculator →
Not sure which one fits?

Pick up the phone. Two-minute triage, no commitment.

The three structures overlap less than you'd think. Once we know whether the gain is from a property sale, a contingent fee, or a personal-injury recovery, the right calculator is obvious in 60 seconds. We'll point you at the right one and tell you if it pencils for your numbers.

213-414-2808 · Call Hans
Educational only · not a quote · not legal/tax advice. The three calculators run on 2026 federal and California brackets and current-environment carrier payout-rate estimates. Real-world quotes vary by carrier, term, payment shape, and rate environment. Hans Goldstein, NPN 20602398 / CA Lic 4273294. Insurance and annuity products guaranteed by the claims-paying ability of the issuing carrier.
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Hans Goldstein, NPN 20602398

📚 Get the free Seller's Guide to §453 + a fit-check

A plain-English guide for sellers on how a structured installment sale defers the tax when you sell a business, practice, or property. It covers the math, the alternatives, and how to tell if your deal fits.

Leave your details and the PDF downloads right away. Within one business day Hans will email a preliminary read on which structure fits your deal. No retainer. On a funded structure, the insurer pays a one-time commission of about 4% of the amount structured to the brokerage firm that places it (Hans’s share is about 2.4%; no trail). It is built into the annuity pricing, not a separate fee.

More details (optional)
Hans Goldstein, EA
Admitted to practice before the IRS

📞 Hans Goldstein · 213-414-2808 · CA Insurance License #4273294 · Independent §453 specialist · Goldstein & Co. LLC

Hans Goldstein, a licensed insurance agent (CA Insurance License #4273294), will contact you and may discuss insurance products, including annuities.

Get my number Book 15 min Call

Contact Hans Goldstein: hans@goldsteinco.net · 213-414-2808 · CA Insurance License #4273294