Hawaii Agreement Replacing Joint Interest with Annuity

State:
Multi-State
Control #:
US-1340753BG
Format:
Word; 
Rich Text
Instant download

Description

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

Exchange, 1035 Exchange -- similar to a direct rollover or direct transfer, but with nonqualified accounts. It allows life insurance, long-term care insurance or other annuities to be exchanged for an annuity. The transaction is reported on a 1099-R, but is not taxable.

Definition: Replacement is any transaction where, in connection with the purchase of New Insurance or a New Annuity, you lapse, surrender, convert to Paid-up Insurance, Place on Extended Term, or borrow all or part of the policy loan values on an existing insurance policy or an annuity.

1035 Exchange: Section 1035 of the Internal Revenue Code allows for certain tax-free exchanges of life insurance and annuity contracts. For example, a life insurance policy can be exchanged for either another life insurance policy or for an annuity.

But FINRA warns that 1035 exchanges may not be a good idea for you. Often, bonuses or premiums can be offset by other charges added to the contract. Also, the new contract could extend the surrender period, which may have expired or be near expiration with the old annuity contract.

A 1035 exchange is a provision in the tax code which allows you, as a policyholder, to transfer funds from a life insurance, endowment or annuity to a new policy, without having to pay taxes.

So what is not allowable in a 1035 exchange? Single Premium Immediate Annuities (SPIAs), Deferred Income Annuities (DIAs), and Qualified Longevity Annuity Contracts (QLACs) are not allowed because these are irrevocable income contracts.

What is a Section 1035 Exchange? A 1035 exchange is a provision in the tax code which allows you, as a policyholder, to transfer funds from a life insurance, endowment or annuity to a new policy, without having to pay taxes.

Generally, the Section 1035 exchange rules allow the owner of a financial product, such as a life insurance or annuity contract, to exchange one product for another without treating the transaction as a saleno gain is recognized when the first contract is disposed of, and there is no intervening tax liability.

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Hawaii Agreement Replacing Joint Interest with Annuity