Taxation of Distributions
Understanding how annuity distributions are taxed is critical for both the licensing exam and for serving clients. The rules differ based on the type of distribution and whether the annuity is qualified or non-qualified.
LIFO Taxation of Withdrawals
For non-qualified annuities, withdrawals before annuitization follow LIFO (Last-In, First-Out) treatment:
| Order of Withdrawal | Tax Treatment |
|---|---|
| First dollars withdrawn | Taxable gain (earnings) |
| After all gains withdrawn | Tax-free return of basis |
LIFO Example
Non-Qualified Annuity:
- Account value: $150,000
- Cost basis: $100,000
- Gain: $50,000
| Withdrawal Amount | Taxable | Tax-Free (Basis) |
|---|---|---|
| $30,000 | $30,000 | $0 |
| $50,000 | $50,000 | $0 |
| $75,000 | $50,000 | $25,000 |
| $150,000 (full surrender) | $50,000 | $100,000 |
Key Point: You cannot access your basis tax-free until ALL gains have been withdrawn first.
Exclusion Ratio for Annuitization
When a non-qualified annuity is annuitized (converted to periodic payments), each payment is partly taxable and partly tax-free return of basis.
Calculating the Exclusion Ratio
Exclusion Ratio = Investment in Contract / Expected Return
Where:
- Investment in Contract = Cost basis (premiums paid)
- Expected Return = Annual payment × Number of expected payments
Exclusion Ratio Example
Annuity Facts:
- Cost basis: $100,000
- Annual payment: $8,000
- Life expectancy: 20 years
- Expected return: $8,000 × 20 = $160,000
Exclusion Ratio = $100,000 / $160,000 = 62.5%
Each $8,000 Payment:
- Tax-free portion: $8,000 × 62.5% = $5,000 (return of basis)
- Taxable portion: $8,000 × 37.5% = $3,000 (earnings)
After Basis is Recovered
Once the annuitant has received their full basis (usually after life expectancy is reached):
- 100% of each payment becomes taxable
- The exclusion ratio no longer applies
- This protects those who live beyond life expectancy
Exam Tip: If the annuitant dies before recovering their full basis, the unrecovered basis is deductible on their final tax return.
10% Early Withdrawal Penalty
Distributions from annuities before age 59½ are subject to a 10% penalty tax on the taxable portion.
Exceptions to the 10% Penalty
| Exception | Description |
|---|---|
| After age 59½ | No penalty at or after age 59½ |
| Death | No penalty on distributions after death |
| Disability | Total and permanent disability |
| SEPP | Substantially equal periodic payments (72(t)) |
| Immediate annuity | Purchased with single premium |
| Qualified plan loans | Not applicable to non-qualified |
Penalty Calculation
Example:
- Annuity owner age: 52
- Withdrawal: $20,000
- Taxable amount (gain): $15,000
- Ordinary income tax (25% bracket): $3,750
- 10% penalty: $1,500
- Total tax burden: $5,250
Qualified Annuity Distributions
For qualified annuities (held in IRAs, 401(k)s, etc.):
| Feature | Treatment |
|---|---|
| Basis | Usually $0 (all pre-tax contributions) |
| Taxability | 100% taxable as ordinary income |
| 10% penalty | Applies before age 59½ |
| RMDs | Required starting at age 73 |
Required Minimum Distributions (RMDs)
Qualified annuities are subject to RMD rules:
| Trigger | Requirement |
|---|---|
| Age 73 | Must begin RMDs |
| Account value | Divided by life expectancy factor |
| Penalty for missing RMD | 25% excise tax (reduced from 50%) |
| Roth IRAs | No RMDs during owner's lifetime |
2024 RMD Penalty Reduction:
- The penalty for missing an RMD was reduced from 50% to 25%
- Further reduced to 10% if corrected within 2 years
Taxation of Different Annuity Types
| Annuity Type | Accumulation | Distribution |
|---|---|---|
| Fixed | Interest tax-deferred | LIFO for withdrawals |
| Variable | Gains tax-deferred | LIFO for withdrawals |
| Indexed | Index credits tax-deferred | LIFO for withdrawals |
| Immediate | N/A (annuitized at purchase) | Exclusion ratio applies |
Partial Surrenders vs. Full Surrenders
| Action | Tax Treatment |
|---|---|
| Partial surrender | LIFO - gain first |
| Full surrender | Gain taxable, basis returned |
| Annuitization | Exclusion ratio applies |
| 1035 exchange | Tax-deferred (if qualifies) |
Sandra, age 55, takes a $40,000 withdrawal from her non-qualified annuity. The annuity has a current value of $200,000 and a cost basis of $120,000. What are the tax consequences?
Robert purchased a non-qualified immediate annuity for $240,000 that pays $2,000/month for life. His life expectancy is 20 years. What is his exclusion ratio?
Which of the following is an exception to the 10% early withdrawal penalty for annuities?
18.3 Death Benefit Taxation
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