Death Benefit Taxation

When an annuity owner dies, the tax treatment of the death benefit depends on several factors, including the relationship of the beneficiary and the distribution option chosen.

Key Difference from Life Insurance

Critical Distinction:

  • Life insurance death benefits: Generally income tax-free
  • Annuity death benefits: Generally income taxable on the gain
ProductDeath Benefit Tax Treatment
Life insuranceIRC §101 - excluded from income
AnnuityIRC §72 - gain taxable as ordinary income

Exam Tip: This is a frequently tested concept. Remember that annuity death benefits do NOT receive the same tax-free treatment as life insurance.

Taxation to Beneficiaries

When the annuity owner dies, the beneficiary must pay income tax on the gain portion of the death benefit.

Taxable Amount = Death Benefit Value - Decedent's Cost Basis

Example: Non-Qualified Annuity Death Benefit

Annuity Facts:

  • Death benefit value: $300,000
  • Original investment (basis): $150,000
  • Gain: $150,000

Tax Consequence:

  • Beneficiary receives: $300,000
  • Taxable ordinary income: $150,000
  • Basis received tax-free: $150,000

No Step-Up in Basis

Unlike most inherited assets, annuities do NOT receive a step-up in basis at death:

Asset TypeTreatment at Death
Stocks, real estateStepped-up basis (gain eliminated)
Life insuranceTax-free death benefit
AnnuitiesNo step-up - gain remains taxable

This is a significant disadvantage of annuities for wealth transfer purposes.

Distribution Options for Beneficiaries

Beneficiaries have several options for receiving the death benefit, each with different tax implications:

Non-Spouse Beneficiary Options

OptionDescriptionTax Impact
Lump sumReceive full value immediatelyAll gain taxable in one year
Five-year ruleDistribute entire amount within 5 yearsSpread tax over up to 5 years
Life expectancyStretch payments over beneficiary's lifeSpread tax over many years

SECURE Act Changes

The SECURE Act (2020) eliminated the "stretch" option for most non-spouse beneficiaries:

Beneficiary TypeDistribution Rule
Surviving spouseCan continue as owner or use stretch
Minor childStretch until age of majority, then 10-year rule
Disabled/chronically illLife expectancy stretch allowed
Beneficiary <10 years youngerLife expectancy stretch allowed
All other beneficiaries10-year rule (complete distribution)

Key Point: Most non-spouse beneficiaries must now fully distribute the inherited annuity within 10 years of the owner's death.

Spousal Continuation

Surviving spouses have unique options:

Option 1: Spousal Continuation

The spouse can continue the annuity as their own:

  • No immediate taxation
  • Tax deferral continues
  • RMDs apply when spouse reaches age 73
  • Spouse can name new beneficiaries

Option 2: Lump Sum Distribution

  • Receive full death benefit immediately
  • Pay income tax on all gains in current year
  • May push spouse into higher tax bracket

Option 3: Annuitize Over Life

  • Convert to lifetime income stream
  • Use exclusion ratio for taxation
  • Spread taxes over remaining life expectancy

Inherited Qualified Annuities

For annuities held in qualified accounts (IRA, 401(k)):

ScenarioTax Treatment
Non-spouse beneficiary100% taxable (no basis in pre-tax account)
Spouse beneficiaryCan roll over to own IRA
Inherited IRA rulesApply based on SECURE Act

Qualified Annuity Death Benefit Example

401(k) Annuity Facts:

  • Death benefit: $500,000
  • Cost basis: $0 (all pre-tax contributions)
  • Beneficiary: Adult child (non-spouse)

Tax Consequence:

  • Must distribute within 10 years
  • Full $500,000 taxable as ordinary income
  • Beneficiary decides when to take distributions within 10-year window

Estate Tax Considerations

While the death benefit is subject to income tax, it may also be subject to estate tax:

Tax TypeApplication
Income taxPaid by beneficiary on gain
Estate taxIncluded in decedent's gross estate
IRD deductionBeneficiary may deduct estate tax paid on income

Income in Respect of a Decedent (IRD)

Annuity death benefits are Income in Respect of a Decedent (IRD):

  • Taxable income that the decedent had a right to receive
  • No step-up in basis available
  • Beneficiary may claim itemized deduction for estate tax attributable to IRD

Planning Considerations

GoalStrategy
Minimize income taxSpouse continues annuity for deferral
Spread tax burdenUse multi-year distribution options
Maximize to beneficiariesConsider life insurance instead for death benefit
Estate planningInclude in overall estate plan analysis

Summary: Annuity vs. Life Insurance Death Benefits

FeatureAnnuityLife Insurance
Death benefit taxationGain taxableTax-free (IRC §101)
Step-up in basisNoN/A (tax-free)
Estate tax inclusionYes, if ownedYes, if incidents of ownership
Beneficiary options10-year rule (most)Lump sum or settlement options
Best forLiving benefits, accumulationDeath benefit, wealth transfer
Test Your Knowledge

Michael dies owning a non-qualified annuity worth $400,000 with a cost basis of $200,000. His daughter is the beneficiary. How much income tax is due on the death benefit?

A
B
C
D
Test Your Knowledge

Under the SECURE Act, which beneficiary can still use the life expectancy "stretch" method for an inherited annuity?

A
B
C
D
Test Your Knowledge

Which statement about inherited annuities is TRUE?

A
B
C
D