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
| Product | Death Benefit Tax Treatment |
|---|---|
| Life insurance | IRC §101 - excluded from income |
| Annuity | IRC §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 Type | Treatment at Death |
|---|---|
| Stocks, real estate | Stepped-up basis (gain eliminated) |
| Life insurance | Tax-free death benefit |
| Annuities | No 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
| Option | Description | Tax Impact |
|---|---|---|
| Lump sum | Receive full value immediately | All gain taxable in one year |
| Five-year rule | Distribute entire amount within 5 years | Spread tax over up to 5 years |
| Life expectancy | Stretch payments over beneficiary's life | Spread tax over many years |
SECURE Act Changes
The SECURE Act (2020) eliminated the "stretch" option for most non-spouse beneficiaries:
| Beneficiary Type | Distribution Rule |
|---|---|
| Surviving spouse | Can continue as owner or use stretch |
| Minor child | Stretch until age of majority, then 10-year rule |
| Disabled/chronically ill | Life expectancy stretch allowed |
| Beneficiary <10 years younger | Life expectancy stretch allowed |
| All other beneficiaries | 10-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)):
| Scenario | Tax Treatment |
|---|---|
| Non-spouse beneficiary | 100% taxable (no basis in pre-tax account) |
| Spouse beneficiary | Can roll over to own IRA |
| Inherited IRA rules | Apply 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 Type | Application |
|---|---|
| Income tax | Paid by beneficiary on gain |
| Estate tax | Included in decedent's gross estate |
| IRD deduction | Beneficiary 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
| Goal | Strategy |
|---|---|
| Minimize income tax | Spouse continues annuity for deferral |
| Spread tax burden | Use multi-year distribution options |
| Maximize to beneficiaries | Consider life insurance instead for death benefit |
| Estate planning | Include in overall estate plan analysis |
Summary: Annuity vs. Life Insurance Death Benefits
| Feature | Annuity | Life Insurance |
|---|---|---|
| Death benefit taxation | Gain taxable | Tax-free (IRC §101) |
| Step-up in basis | No | N/A (tax-free) |
| Estate tax inclusion | Yes, if owned | Yes, if incidents of ownership |
| Beneficiary options | 10-year rule (most) | Lump sum or settlement options |
| Best for | Living benefits, accumulation | Death benefit, wealth transfer |
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?
Under the SECURE Act, which beneficiary can still use the life expectancy "stretch" method for an inherited annuity?
Which statement about inherited annuities is TRUE?
19.1 Qualified Plan Basics
Chapter 19: Qualified Retirement Plans