Taxation of Distributions

Understanding how annuity distributions are taxed is critical for both the licensing exam and for serving clients. The rules differ based on the type of distribution and whether the annuity is qualified or non-qualified.

LIFO Taxation of Withdrawals

For non-qualified annuities, withdrawals before annuitization follow LIFO (Last-In, First-Out) treatment:

Order of WithdrawalTax Treatment
First dollars withdrawnTaxable gain (earnings)
After all gains withdrawnTax-free return of basis

LIFO Example

Non-Qualified Annuity:

  • Account value: $150,000
  • Cost basis: $100,000
  • Gain: $50,000
Withdrawal AmountTaxableTax-Free (Basis)
$30,000$30,000$0
$50,000$50,000$0
$75,000$50,000$25,000
$150,000 (full surrender)$50,000$100,000

Key Point: You cannot access your basis tax-free until ALL gains have been withdrawn first.

Exclusion Ratio for Annuitization

When a non-qualified annuity is annuitized (converted to periodic payments), each payment is partly taxable and partly tax-free return of basis.

Calculating the Exclusion Ratio

Exclusion Ratio = Investment in Contract / Expected Return

Where:

  • Investment in Contract = Cost basis (premiums paid)
  • Expected Return = Annual payment × Number of expected payments

Exclusion Ratio Example

Annuity Facts:

  • Cost basis: $100,000
  • Annual payment: $8,000
  • Life expectancy: 20 years
  • Expected return: $8,000 × 20 = $160,000
Exclusion Ratio = $100,000 / $160,000 = 62.5%

Each $8,000 Payment:

  • Tax-free portion: $8,000 × 62.5% = $5,000 (return of basis)
  • Taxable portion: $8,000 × 37.5% = $3,000 (earnings)

After Basis is Recovered

Once the annuitant has received their full basis (usually after life expectancy is reached):

  • 100% of each payment becomes taxable
  • The exclusion ratio no longer applies
  • This protects those who live beyond life expectancy

Exam Tip: If the annuitant dies before recovering their full basis, the unrecovered basis is deductible on their final tax return.

10% Early Withdrawal Penalty

Distributions from annuities before age 59½ are subject to a 10% penalty tax on the taxable portion.

Exceptions to the 10% Penalty

ExceptionDescription
After age 59½No penalty at or after age 59½
DeathNo penalty on distributions after death
DisabilityTotal and permanent disability
SEPPSubstantially equal periodic payments (72(t))
Immediate annuityPurchased with single premium
Qualified plan loansNot applicable to non-qualified

Penalty Calculation

Example:

  • Annuity owner age: 52
  • Withdrawal: $20,000
  • Taxable amount (gain): $15,000
  • Ordinary income tax (25% bracket): $3,750
  • 10% penalty: $1,500
  • Total tax burden: $5,250

Qualified Annuity Distributions

For qualified annuities (held in IRAs, 401(k)s, etc.):

FeatureTreatment
BasisUsually $0 (all pre-tax contributions)
Taxability100% taxable as ordinary income
10% penaltyApplies before age 59½
RMDsRequired starting at age 73

Required Minimum Distributions (RMDs)

Qualified annuities are subject to RMD rules:

TriggerRequirement
Age 73Must begin RMDs
Account valueDivided by life expectancy factor
Penalty for missing RMD25% excise tax (reduced from 50%)
Roth IRAsNo RMDs during owner's lifetime

2024 RMD Penalty Reduction:

  • The penalty for missing an RMD was reduced from 50% to 25%
  • Further reduced to 10% if corrected within 2 years

Taxation of Different Annuity Types

Annuity TypeAccumulationDistribution
FixedInterest tax-deferredLIFO for withdrawals
VariableGains tax-deferredLIFO for withdrawals
IndexedIndex credits tax-deferredLIFO for withdrawals
ImmediateN/A (annuitized at purchase)Exclusion ratio applies

Partial Surrenders vs. Full Surrenders

ActionTax Treatment
Partial surrenderLIFO - gain first
Full surrenderGain taxable, basis returned
AnnuitizationExclusion ratio applies
1035 exchangeTax-deferred (if qualifies)
Test Your Knowledge

Sandra, age 55, takes a $40,000 withdrawal from her non-qualified annuity. The annuity has a current value of $200,000 and a cost basis of $120,000. What are the tax consequences?

A
B
C
D
Test Your Knowledge

Robert purchased a non-qualified immediate annuity for $240,000 that pays $2,000/month for life. His life expectancy is 20 years. What is his exclusion ratio?

A
B
C
D
Test Your Knowledge

Which of the following is an exception to the 10% early withdrawal penalty for annuities?

A
B
C
D