Kentucky 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

Fixed annuities pay the same amount each month, while variable annuities pay an amount that depends on the investment performance of the investments held by the particular annuity.

With regard to sales of annuities in tax-qualified plans, the NASD states that when a registered representative recommends the purchase of a variable annuity for any tax-qualified retirement account (e.g., 401(k) plan, IRA), the registered representative should disclose to the customer that the tax-deferred accrual

The solution begins with a RiverSource® variable annuity. A variable annuity is a long term investment issued by an insurance company that can help you grow your money, take income in retirement and pass on your wealth.

EXAMPLE: LIFE INSURANCE & ANNUITIESThe proceeds will generally be included in your gross estate. However, if you do not retain any incidents of ownership in the policy and the policy proceeds are not payable to your estate, then the proceeds will not be included in your gross estate.

After an annuitant dies, insurance companies distribute any remaining payments to beneficiaries in a lump sum or stream of payments. It's important to include a beneficiary in the annuity contract terms so that the accumulated assets are not surrendered to a financial institution if the owner dies.

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.

The new rule requires that the variable contract's statutory prospectus, as well as the contract's Statement of Additional Information (SAI), be publicly accessible, free of charge, at a website address specified on, or hyperlinked in, the cover of the summary prospectus.

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.

Rule 2330 requires a registered principal to review and determine whether to approve a customer's application for a deferred variable annuity before sending the application to the issuing insurance company.

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.

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Kentucky Annuity as Consideration for Transfer of Securities