An investor who is 52 years old holds a non-qualified variable annuity with an original purchase payment of 140,000. The investor executes a partial withdrawal of $30,000 while still within the contract's 6-year surrender charge period. Assuming the insurance company assesses a 5% surrender charge on the amount withdrawn, which of the following best describes the tax consequences and penalty obligations resulting from this transaction?
- AThe entire $30,000 withdrawal is subject to ordinary income tax and an additional 10% IRS penalty, in addition to the insurer's surrender fee.
- The $30,000 withdrawal is treated as taxable ordinary income and is subject to an additional 10% IRS tax penalty, plus the contract surrender charge.Cevap
- CThe $30,000 withdrawal is treated as a tax-free return of capital, but the investor must pay the 5% insurance contract surrender fee.
- DThe $30,000 withdrawal is taxable as a long-term capital gain and is exempt from the 10% IRS penalty because a surrender charge was assessed.
Cevap
The $30,000 withdrawal is treated as taxable ordinary income and is subject to an additional 10% IRS tax penalty, plus the contract surrender charge.
Under IRS rules, distributions from non-qualified variable annuities during the accumulation phase are taxed on a LIFO (Last-In, First-Out) basis. Because the contract has 30,000 withdrawal is considered earnings and taxed as ordinary income. Since the contract owner is 52 years old (under 59½), the taxable portion is also subject to the 10% IRS premature distribution penalty. Furthermore, withdrawing funds during the surrender period incurs the insurer's contractual surrender charge.
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Taxation and penalty mechanics of partial withdrawals from non-qualified variable annuities