Kansas Agreement Replacing Joint Interest with Annuity
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FAQ
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.
You can transfer in part or in entirety an individually owned annuity. However, transferring a large portion of annuity assets can be considered an excess withdrawal and may reduce the amount of death benefits. During a divorce, a couple may be able to change some or all of contract terms.
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.
Changing the OwnerThe owner of a nonqualified annuity can sell the policy to a new owner and treat the sale proceeds as ordinary income. The current owner can give the annuity to a new owner and pay taxes on the excess of the surrender value above the cost basis.
Most annuities allow the contract owner to change the annuitant at any time. The annuitant is the individual named under the annuity contract whose life will serve as the measuring life to determine benefits to be paid out under the contract.
If you own an annuity and give it to another individual as a gift, special income tax rules apply. You (the donor) are considered to have surrendered the contract and are subject to tax on the difference between the value of the contract (the cash surrender value) and the amount you have invested in the contract.
Exchange it. Through what's known as a 1035 exchange, you can convert your life insurance into an income annuity without paying taxes on your gains. You'll give up the death benefit, but you'll no longer have to pay premiums, and you'll lock in income for the rest of your life (or a specific number of years).
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.
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.
A life insurance policy can be exchanged for an annuity under the rules of a 1035 exchange, but you cannot exchange an annuity contract for a life insurance policy.
