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If a Form I099-INT for the interest income earned on the Medicare Set-aside is sent may the injured party pay the incremental income tax on that amount from the Medicare Set-aside?

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If a Form I099-INT for the interest income earned on the Medicare Set-aside is sent may the injured party pay the incremental income tax on that amount from the Medicare Set-aside?

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A33. Yes. Assuming there is adequate documentation for the amount of incremental tax that the injured party must pay for the interest earned on the Medicare Set-aside funds, the injured party or his/her administrator may withdraw an amount equal to the additional tax as a cost that is directly related to the Medicare Set-aside account to cover the additional tax liability. Such documentation should be submitted to CMS along with any annual accounting.

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