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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.
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).
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.
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.
How to Complete the New Form W-4Step 1: Provide Your Information. Provide your name, address, filing status, and Social Security number.Step 2: Indicate Multiple Jobs or a Working Spouse.Step 3: Add Dependents.Step 4: Add Other Adjustments.Step 5: Sign and Date Form W-4.
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.
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.
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.
1035 exchanges can only go certain ways. For example, you can exchange life insurance for life insurance or life insurance for a non-qualified annuity. But you can't exchange a non-qualified annuity for a life insurance policy.
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.