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2 No. 3 of 1997 Retirement Benefits Revised Edition 2000 (Incorporating The Retirement Benefits (Amendment) Act 1998) Printed and Published by the Government Printer ...Annuities with Living Benefits (The Hybrid Product Series)
http://brokersalliance.com
On Thursday's Show: Steve and Joe talk about the annuities with living benefits, 1035 exchange and the Pension Protection Act of 2006.
Key Points
Life policies must be on the life of same person.(4) Annuity contracts must be payable to the same person(s). When contracts are assignable, there should be a direct transfer of funds between insurance companies.(5) The cost basis of the old policy (including certain riders and/or rating) is carried over to the new policy. If cash or other property is part of the exchange, any gain will be recognized up to that amount. A permanent policy with an outstanding loan can be exchanged for another similar policy with the same indebtedness. If the indebtedness is reduced in the exchange, there will be income tax consequences. If there is a recognized gain, it is ordinary income.
Potential Problems
The early surrender of certain life insurance policies or annuity contracts may have significant, negative
consequences. For example, a policy or contract owner may be required to pay a surrender charge, there may be tax penalties due, or the owner may receive less than he or she originally invested or paid
into the contract.
4 A single policy may not be exchanged for one on multiple lives, (e.g., a second-to-die policy.)
5 Some exceptions for troubled insurers. Rev. Proc. 92-44 and 92-44A
Pension Protection Act of 2006
The IRS viewed the life insurance policy and the LTCI component as two separate contracts, and combination policy owners could receive a 1099 tax notice for LTCI costs paid within the life contract. The PPA clarifies that, effective Jan. 1, 2010, the LTCI cost can be paid on a tax-free basis for linked benefit life (or annuity) contracts purchased Jan. 1, 1997 or later. In addition, the tax treatment of annuity/long term care combinations was unclear before the PPA. The PPA, however, makes it clear that LTCI benefits paid from an annuity combination policy purchased after Jan. 1, 1997 are tax-free, as long as the benefit doesn't exceed the greater of the actual cost of long term care or that year's daily benefit cap prescribed in HIPAA for taxation purposes. Also, as with combination life/LTCI policies, the internal transfer to pay the LTCI cost in an annuity/LTCI is tax-free.
Steve Savant is a national insurance columnist, financial color commentator and host of the daily Internet talk show The Business Insurance Zone. Steve's special guest is Joe Racich, hybrid product expert.
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