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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
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Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Hello, I am the beneficiary of a non-qualified annuity.

Resolved Question:

Hello,
I am the beneficiary of a non-qualified annuity. The owner has passed and I will be dissolving the annuity. The initial investment was $21000. There have been $4489.90 in withdrawls and $61.32 in interest. The accumulated value is $21061.32, the Cash surrender value is $20194.82, the penalty free amount is $3731.31. couple of questions = would the $20194.82 be the disbursed amount? This was purchased with post-tax $, so is the 4489.90 and the 61.32 they only taxable amount? ALso, since I am under the age of 56 1/2, there is a 10% penalty? Based on which amount?
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.

Welcome! Thank you for your question.

 

Since this annuity is a non-qualified annuity it was purchased with post tax dollars. There is no 10% tax penalty and your age has nothing to do with anything on a non-qualified annuity. Any penalty is because of the annuity contract itself and has nothing to do with the tax code.

 

The basis in the annuity is equal to the initial investment of $21,000. If the Cash surrender value is $20,194.82 then that is the amount that you should be able to withdrawal under the contract to surrender the annuity policy The reason the cash surrender value is less than the amount placed in the policy is because there is a surrender charge that is being charged by the annuity company. This is based on the contract requirements to keep the money in the annuity for so long. The "penalty free amount" is the amount you can withdrawal and not pay a contract surrender charge.

 

Since the basis is $21,000 you will have to pay income tax on the annuity for all amounts that you withdrawal over $21,000. An annuity is taxed different than stock or other investments so it is ordinary income tax that is applied for all income that is distributed from the trust. The amount of income that is taxable if you withdrawal $20,194 is $ since the basis is $21,000 ($21,000-$20,194).

 

 

I cannot provide you with legal advise. I can provide you with information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

 

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Thank you,

John

 

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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