What Happens If a Deferred Annuity Is Surrendered Early?
Understand the financial consequences and alternative options if you decide to surrender your deferred annuity before its term.
Understand the financial consequences and alternative options if you decide to surrender your deferred annuity before its term.
A deferred annuity is a long-term savings vehicle where invested funds grow tax-deferred until income payments begin. Surrendering an annuity means voluntarily terminating the contract before scheduled payments, cashing out its accumulated value. This article explores the consequences and procedural steps involved in early surrender.
Surrendering a deferred annuity before its intended maturity often triggers specific fees imposed by the insurance company, known as surrender charges. These charges help the insurer recover upfront costs, such as sales commissions and administrative expenses. A typical surrender charge schedule might start at 7% to 10% of the amount withdrawn in the first year, gradually decreasing by one percentage point each year over seven to ten years until it reaches zero. For example, a contract might impose a 7% charge in year one, declining to 6% in year two, and so on.
Beyond institutional fees, surrendering an annuity also carries tax implications. Any earnings within the annuity contract are subject to ordinary income tax upon withdrawal, as the growth is tax-deferred, not tax-exempt. For non-qualified annuities, funded with after-tax dollars, the IRS generally applies a “last-in, first-out” (LIFO) rule. This means earnings are considered withdrawn first before the original principal, which is typically returned tax-free since taxes were already paid on those funds.
An additional federal penalty may apply if the annuity holder is under age 59½ at the time of surrender. The IRS imposes a 10% additional tax on the taxable portion of early withdrawals from non-qualified annuity contracts, as outlined in Internal Revenue Code Section 72. This penalty discourages using annuities as short-term savings vehicles.
However, several exceptions exist to this 10% early withdrawal penalty, though they generally do not negate the ordinary income tax on earnings. Common exceptions include distributions made due to the death or disability of the annuity owner. Other exceptions may encompass distributions made as part of a series of substantially equal periodic payments (SEPPs) over the annuitant’s life expectancy, or withdrawals for unreimbursed medical expenses exceeding a certain percentage of adjusted gross income. Distributions for qualified higher education expenses or a first-time home purchase may also be exempt from the penalty.
The combination of surrender charges, ordinary income taxes on earnings, and the 10% early withdrawal penalty can result in receiving less than the original amount invested. This is especially true if the surrender occurs early in the contract’s life or if the annuity has not generated substantial growth. This potential loss of principal underscores the long-term nature of annuity investments. Some annuities, particularly fixed-indexed or variable annuities, may also include a Market Value Adjustment (MVA). An MVA can either increase or decrease the surrender value based on changes in market interest rates since the annuity was purchased, typically applying only to amounts withdrawn in excess of penalty-free allowances during the surrender period.
Surrendering a deferred annuity means forfeiting future guaranteed income streams the contract was designed to provide. This action eliminates the long-term financial security and income predictability an annuity offers as part of a retirement strategy. The decision to surrender should involve a careful evaluation of these financial repercussions against immediate financial needs.
Initiating the surrender of a deferred annuity begins with contacting the annuity provider or the agent who facilitated the purchase. This initial communication allows the annuity holder to express intent and inquire about specific requirements and forms. The provider will then supply the necessary surrender forms.
These forms require comprehensive information to process the request accurately. This includes the annuity contract number, personal identification details (name, address, Social Security number or taxpayer identification number), and the reason for the surrender. The forms also prompt for clear instructions regarding fund disbursement, specifying whether funds should be sent via check or direct deposit. If direct deposit is chosen, a voided check or bank account information will be required for electronic transfer.
In addition to completed forms, the annuity provider often requires supporting documentation to verify identity and prevent fraud. Common requirements include a copy of a government-issued identification, such as a driver’s license or passport. For larger surrender amounts, a Medallion Signature Guarantee may be mandated. This specialized stamp, obtained from a financial institution, verifies the authenticity of the signature and the signer’s legal authority to execute the transaction.
Once all forms are completed and necessary documentation is gathered, they must be submitted to the annuity provider. Submission methods include mailing original documents, faxing them, or uploading them through a secure online portal. Retain copies of all submitted paperwork for personal records. The processing timeframe can vary, often taking several days to a few weeks from the time the complete surrender package is received until funds are disbursed.
Upon successful processing and disbursement of funds, the annuity holder will receive confirmation of the surrender. The insurance company is legally obligated to issue a Form 1099-R in the following tax year. This form reports the distribution from the annuity to both the annuity holder and the IRS, detailing the gross distribution and the taxable amount, which is essential for accurate tax filing.
Before opting for a full surrender, individuals might consider several alternatives that could provide access to funds while mitigating some financial penalties. Many deferred annuity contracts allow for partial withdrawals, enabling the annuity holder to access a portion of their accumulated value without fully terminating the contract. Most contracts permit penalty-free withdrawals of up to 10% of the contract’s value per year. While these partial withdrawals may avoid surrender charges, any earnings withdrawn are still subject to ordinary income tax and potentially the 10% early withdrawal penalty if the owner is under age 59½.
Another option is annuitization, which involves converting the annuity’s accumulated value into a stream of regular income payments. This can be done immediately if the contract allows, or at a later deferred date. Annuitization provides predictable income, fulfilling the annuity’s primary purpose without incurring surrender charges, though the income payments themselves are subject to tax. This approach transforms a lump sum into a steady cash flow, suitable for long-term financial planning.
A 1035 Exchange allows for the transfer of funds from an existing annuity contract to a new one without triggering a taxable event. This option is pursued to move to a different annuity product that may offer more favorable terms, lower fees, or different investment options. While the exchange itself is tax-free, a new surrender charge period and new terms will apply to the new annuity contract, resetting the clock on potential penalties.
Some variable annuity contracts may offer a loan feature, allowing the annuity owner to borrow against the contract’s value. This can provide temporary access to funds without triggering a taxable distribution or surrender charges, though interest accrues on the loan amount. The terms and availability of such loans vary by contract, and repayment is required to maintain the annuity’s benefits.
Finally, selling the annuity on a secondary market is an option, though it is less common for the average individual. In this scenario, the annuity owner sells their future income stream to a third-party buyer for a lump sum, usually at a discount. This provides immediate liquidity but often at a reduced value compared to the annuity’s full potential, and it involves complex transaction processes.