by John Darer CLU ChFC CSSC
In Revenue Ruling 2007-24, the IRS declared that a taxpayer who receives a check for the surrender of an annuity from one insurance company cannot endorse the check to a second insurance company in order to "roll it over" and qualify for a tax-free exchange under IRC Section 1035.
Instead, the taxpayer is treated as having received the entire annuity proceeds as a taxable distribution upon receipt of the check. This guidance may be useful to claimants with older existing annuities (not structured settlements) with low rates who are seeking to reposition their assets to a different annuity product.
What is a 1035 Exchange?
A 1035 exchange must generally occur between products of like kind, such as life insurance for life insurance or a non-qualified annuity for another non-qualified annuity. See IRS Section 1035
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