An investor who is years old purchased a flexible premium deferred variable annuity three years ago. The contract features a -year surrender charge schedule imposed by the issuing insurance company. If the investor fully surrenders the contract this year, which of the following statements accurately describes the tax consequences and fee obligations?
- Earnings withdrawn are subject to ordinary income tax, and insurance surrender charges apply, but the 10% IRS early withdrawal penalty does not apply.Cevap
- BEarnings withdrawn are subject to ordinary income tax and the 10% IRS early withdrawal penalty, but insurance surrender charges are waived once the owner reaches age 59½.
- CThe entire distribution is received tax-free because the investor is over age 59½, though contractual insurance surrender charges still apply.
- DNeither insurance surrender charges nor IRS tax penalties apply because reaching age 59½ automatically exempts the contract from all surrender fees and taxes.
Cevap
Earnings withdrawn from the non-qualified variable annuity are subject to ordinary income tax, and contractual surrender charges apply because the surrender is within the 7-year schedule; however, the 10% IRS early withdrawal tax penalty is waived because the investor is older than age 59½.
When an investor surrenders a non-qualified variable annuity after reaching age 59½, the 10% IRS early withdrawal tax penalty is waived. However, earnings accrued in the contract are taxed as ordinary income, and contractual surrender charges (contingent deferred sales charges) still apply if the surrender takes place within the insurer's specified surrender charge period (in this case, year 3 of a 7-year schedule).
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Anahtar Kavram
Distinction between IRS tax penalties (age 59½ threshold) and insurance company surrender charges (contractual timeline)
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