Ch. 5 - Annuity Taxation Flashcards
Last-in/First out (LIFO)
Funds last put into a contract are deemed first to be withdrawn.
Basic principle of annuity taxation
Contract principle is not subject to taxation; interest earnings are subject to taxation.
Capital gains
Annuity withdrawals do not receive lower capital gains treatment.
Penalty on withdrawals before 59 1/2
Withdrawals made before the age 59 1/2 are subject to a 10% penalty on the taxable portion of the withdrawal.
Exceptions to the 10% penalty
Death, disability, annuitization, substantially equal distributions of the owner’s life expectancy
Taxation on annuitized income
Each income payment from annuity consist partly of interest or earnings and partly of the owners original investment. The income is taxed in such a way as to exclude principal and tax the balance.
If annuitant lives beyond his or her life expectancy, then ongoing payments will consist entirely of interest and will be fully taxable.
Exclusion ratio
Formula used to calculate the portion of an annuitized income that is attributable to principal and is therefore not taxable.
Fixed annuities: Investment in contract/Expected return (monthly income x years of life expectancy)
Variable annuities: Investment in the contract/Number of anticipated payments (life expectancy)
Taxation if death occurs before annuitization
Death benefit equal to amount deposited or accumulated value at death, whichever is greater. Any portion over the amount deposited is taxable to the beneficiary as ordinary income.
Taxation if death occurs after annuitization
Any remaining balance can be paid out tax-free in the form of payments until the original investment has been paid. Any remaining payments, are fully taxable to the beneficiary.
Annuity estate taxes
An annuity is included in the owner’s gross estate. Death before annuitization: Full value. Death after annuitization: Present value of future payments.
Code section 1035
Section of the IRS code and dressing the exchange of life insurance, annuities, and qualified long-term care contracts.
1035 exchanges
Do you think changes are not taxable. Exchange of a life insurance policy for another policy, exchange of a life insurance policy from annuity, exchange of an endowment policy for an annuity, exchange of an annuity for another annuity, Exchange of a life insurance policy for a qualified long-term care contract, exchange of an annuity for a quote for long-term care contract, an exchange of a qualified long-term care contract for another long-term care contract.
1035 exchange rules
Both annuity contracts must be nonqualified.
Both contracts must have the same owner and, with some insurers, the same annuitant.
The exchange must occur between the insurer that issues the old contract and the insurer that it is issuing the new contract.
Revenue Ruling 2003–51
A provision that states that partial annuity exchanges are considered tax-free exchanges and provides guidelines as to how the cost basis and gain of the amounts in the contract are treated. All values retain the same portion of principle to earnings is held in the original policy.
Revenue Procedure 2008-24
IRS rule that imposes a 12 month moratorium on any further withdrawals from a contract involved in a partial annuity exchange.