Kentucky Agreement Replacing Joint Interest with Annuity

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

The process of using funds from an existing annuity to purchase another annuity is commonly referred to as an annuity exchange.

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.

A 1035 annuity exchange is a rule under Section 1035 of the Internal Revenue Code that allows for a tax-free exchange of a life insurance or annuity policy for a different annuity contract that is better suited to an investor's needs.

Jointly owned annuities are similar to annuities owned by a single person in that the death benefit is triggered by the death of one of the owners. This means that although the second owner is still alive, the annuity will pay out the death benefit to the beneficiary.

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.

Thus, if both spouses want to contribute to a joint annuity, they may as well own two annuities, one in the name of each spouse, with the other as primary beneficiary.

A joint and survivor annuity is an insurance product designed for couples that continues to make regular payments as long as one spouse lives. A joint and survivor annuity has the advantage of providing income if one or both people live longer than expected.

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.

Under the ruling, a beneficiary can perform a Section 1035 exchange on an inherited annuity, but the exchange must conform to all the other rules that apply to inherited annuities. Non-qualified annuities can't be rolled over into an individual retirement account or other qualified annuity.

A 1035 exchange is a provision in the Internal Revenue Service (IRS) code allowing for a tax-free transfer of an existing annuity contract, life insurance policy, long-term care product, or endowment for another one of like kind.

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Kentucky Agreement Replacing Joint Interest with Annuity