taxable transfer of annuity

Feb 02, 2010 1 Replies

I've got a client that in 2009 transferred ownership of a non- qualified fixed annuity from herself to an irrevocable trust (of which she is the grantor but not the trustee). The beneficiaries of the trust are all natural persons. This was done without my knowledge or input.



This January, the insurance (annuity) company issued a 1099-R for the earnings in the annuity no different than had she actually surrendered the investment outright. I can't seem to find a definitive online as to whether the situation was handled properly (tax-wise), but most seem to think that it was. Can someone please point me towards the actual IRS regs regarding the taxation of annuities upon ownership transfer? I'm looking for the highest, most authoritative source out there. The closest I found was IRC Section 72(u), which deals with taxation of annuities BASED on ownership, but it doesn't actually address TRANSFERS of ownership.



Thanks for the help


I don't have it in front of me and I won't have time to go looking for it until after 04/15 - But see if you can find John Huggard's book on 50 Reasons Why Annuities May Be Better Investments Than Mutual Funds (NOTE - I THINK that's the title). Huggard goes over gifting of annuities in this book and I seem to recall that he cites relevant authority.

Huggard is an attorney in the south whose specialty is annuities.

Gene E. Utterback, EA, RFC, ABA

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