Colorado Annuity as Consideration for Transfer of Securities

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An annuity is a life insurance company contract that pays periodic income benefits for a specific period of time or over the course of the annuitant's lifetime. These payments can be made annually, quarterly or monthly.
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FAQ

An annuity consideration or premium is the money an individual pays to an insurance company to fund an annuity or receive a stream of annuity payments. An annuity consideration may be made as a lump sum or as a series of payments, often referred to as contributions.

In the case of annuities, you can surrender your existing contract for another annuity with a different insurance company without fear of IRS penalties or restrictions.

When an annuity contract transfers from one individual to another, the transferred amount is treated as a distribution. The original owner is taxed on any tax-deferred gain and possibly subject to a 10% penalty.

You can change annuity brokers, but changing annuities can be costly.

The new owner of the annuity can start receiving payments, change beneficiaries, and cash out the policy whenever they want. To give the annuity away, you simply contact the insurance company and state that you want to gift the ownership of the annuity policy to someone else or a trust.

It's a tax-free event. No income taxes are triggered. So, do you pay tax on an annuity transfer? The answer is no.

Annuities outside of an IRA structure can be transferred as a nontaxable event by using the IRS approved 1035 transfer rule. Annuities within an IRA can transfer directly to another IRA with an annuity carrier, and not create any tax consequences as well.

So long as you transferred ownership more than three years before dying, the value of the annuity won't go into your taxable estate. But if you give the annuity as a gift, you have to pay tax on any gain at the time of the transfer. Additionally, you might be liable for gift taxes depending on the value of the annuity.

Contact your annuity company and let your account manager know you want to change the owner of your contract. The annuity company will send you a change of ownership form. Fill out the change of ownership form for your annuity.

A 1035 transfer is a tax-free transfer from one insurance company annuity to another. You don't pay taxes or penalties if you transfer the funds this way.

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Colorado Annuity as Consideration for Transfer of Securities