Insurance Continuing Education - IRS Penalties on Annuities

tter what type of annuity you purchase, it is subjectcentenarian. But even with the penalty, it could still
to a 10 percent IRS penalty for withdrawals ofmake good sense for a young person(s) but would
growth of income made prior to age 59 ½. Nodepend upon how soon the money is withdrawn and
penalty is imposed on one's principal, i.e. the moneythe assumed rate of growth.
put in by the owner is the owner’s money.Inside an annuity, the contract-holder’s
It makes no difference how old the annuitant (ormoney will grow and compound tax-deferred, not
owner) of the contract is, if they die then there is notax-free. To say it another way, any and all income
penalty. Also, the Section 72 of the IRS Code statestax liability can be postponed indefinitely. The death
that the penalty is waived if the annuitant (or owner)of one spouse will not trigger income taxes provided
is disabled. Generally, it must be the death or disabilitythat the beneficiary was the surviving spouse. What
of the annuitant, not the contract owner orhappens when the surviving spouse remarries? The
beneficiary, except where the contract issurvivor can name themselves as the beneficiary and
owner-driven, in which case all IRS penalties will becan name a new partner as the annuitant. When the
waived upon death or disability of the owner.last spouse dies, the beneficiary(s) can postpone
If the contract is annuitized, it will avoid penalty, buttaxes for up to an additional five years.
such annuitization must be elected by the contractIncome taxes are always due in the year in which
owner within one year after investing in the annuity.income or growth of the fund is received. The return
The age of the owner does not have to be 59of principal is never taxed, regardless of who
½, indeed it is irrelevant.receives the money. The amount of taxes on the
The final way in which the 10 percent IRS penaltygrowth will be based on the tax bracket of the
can be avoided is the contract owner being age 59 1person receiving the funds. Unfortunately the taxable
2 or older.portion is always considered as ordinary income, and
Because of these penalties, annuities are usuallydoes not qualify for capital gains treatment.
recommended for younger people unless it is part ofAs is obvious, taxes will have to be paid at some
a retirement plan such as an IRA or pension plan ortime or other. This may be considered as a
profit-sharing plan. Of course, there is always the“negative” but perhaps it is not all bad.
exception of the person who has sufficient funds soFor instance, the owner of the annuity decides when
that they would not have to touch the funds in casewithdrawals are to be made. Therefore, one would
of an emergency. Annuities are ideal candidates forattempt to take out the money when they are at
the investor who is near or past age 591/2.the lowest income tax bracket, i.e. their income is the
Unless the contract is “owner-driven”,lowest. Frequently this is when the person retires.
the owner can be any age, from newborn to