Exceptions to the 10% Excise Tax Penalty
The 10 percent excise penalty can be avoided under certain circumstances, including:
- Taxpayer disability
- Distribution from a pre-8/14/82 annuity
- Death of owner, or death of annuitant for annuities issued before 4/23/87
- Payment from an immediate annuity where benefits commence within one year of purchase
- Payment from a structured settlement
- Substantially equal payments over the taxpayer’s life expectancy
Exclusion
The annuitant will receive equal payments when and if the owner annuitizes, meaning the owner applies the annuity value toward a settlement option.
Unlike withdrawals, the contract owner does not pay full taxes on the payments. An exclusion ratio is applied to each payment received, which stipulates that a percentage of each payment is considered a return of the owner’s cost basis and is tax-free. The balance, however, is taxable.
The exclusion ratio can be calculated by dividing the expected return into the total of all premiums paid into the contract.
Effective with all annuities starting dates after 12/31/86, payments become fully taxable after the owner recovers the total of all premiums paid into a contract. This is determined by adding all dollars excluded from taxes.
After the contract owner has lived beyond his or her life expectancy, as calculated when payments began, payments then become fully taxable.
Withdrawal
Depending upon the annuity purchased, withdrawals can be taxed in one of two ways.
Before 8/14/82, annuities were structured with FIFO accounting, meaning first in, first out. This allowed the principal to remain tax-free.
On 8/14/82 and after, annuity taxation changed to LIFO, meaning last in, first out. This allows for taxation on withdrawals since interest is withdrawn early.
This can be appealing to customers since most are now paying taxes on interest even if they do not withdraw it.
Section 1035(a) of the Internal Revenue Code
Section 1035(a) of the Internal Revenue Code provides the ability to transfer money from one annuity to another annuity income tax-free. Such transfers should be reviewed carefully.
The contract owner may elect to perform any of the following:
- Assign the old annuity contract, if premiums are non-qualified, to the new insurance company
- Exchange the entire annuity, but not transfer only some of the money
- Repay outstanding loans before exchanging
- Identify the same owner, annuitant, and/or beneficiary in the new contract
- Consult with a tax advisor before the exchange
Annuity Taxation Basics
- Taxes are only paid when interest is withdrawn
- Just like an IRA, the 10% excise tax penalty exists under certain circumstances, such as when an individual is under 59½ years old
- The exclusion ratio allows clients to receive income partially income tax-free
- Section 1035(a) exchanges are a way to move annuity money income tax-free
For more information about annuity taxation, please contact Healthcare American today.