Power Tool Combo: Life And Annuities Together

September 30, 2004 at 08:00 PM
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Power Tool Combo: Life And Annuities Together

Without proper planning, taxes can diminish a persons wealth before it is transferred to heirs, particularly when financial instruments such as annuities are subject to income or estate taxes at the owners death. While annuities are excellent wealth accumulation devices, they are inefficient wealth transfer devices.

However, one can transfer wealth efficiently to the next generation by using an annuity to fund the purchase of a life insurance policy.

Many clients do accumulate wealth with deferred annuities. Often, though, they do not need these annuities to provide retirement income. Instead, many choose to pass these unneeded assets to their heirs.

Unfortunately, these deferred annuities are subject to a significant income tax, and in some cases, estate taxes, at death.

For example, a beneficiary in a 35% income tax bracket with a $500,000 annuity and a cost basis of $300,000 would be subject to $70,000 in income taxes at death. Only $430,000 would be available to pass on. Estate taxes could reduce that amount further.

However, annuitizing the same annuity over the owners lifetime could prevent this. The distributions from the annuity, which the man still owns, could be used to pay premiums on a life insurance policy owned by an irrevocable life insurance trust. When the annuity owner dies, no part of the annuity is included in his estate and the life insurance proceeds are received by the trust free from income and estate taxes.

Using the example above, suppose a 65-year-old male annuitizes his $500,000 annuity over his lifetime. In a 35% income tax bracket and with a projected 5% rate of return on the annuity, the yearly after-tax annuity payment would be $30,081 until age 87, the year of his life expectancy. The after-tax payment would then drop to $24,831 per year until he dies. (This reduced yearly amount reflects the fact that the exclusion ratio no longer applies.)

With that annuity payout stream, this man could purchase a universal life insurance policy with a guaranteed death benefit of $1,236,162. Considering only the income taxes that would be assessed at death, it would take 26 years for the after-tax value of the annuity, growing annually at 5%, to exceed the $1,236,162 tax-free value of the life insurance death benefit. For all years prior to the insureds age 91, the after-tax value of the life insurance exceeds the after-tax value of the annuity.

The life insurance advantage becomes even more pronounced when estate taxes are considered. Using the same example, but assuming that the insured has a taxable estate of $4 million growing annually at 2%, the after-tax value of the annuity never exceeds the after-tax value of the life insurance if the insurance is owned by a third party, such as an irrevocable life insurance trust.

While death proceeds from the life insurance in trust are not subject to income taxes or estate taxes, a deferred annuity, if held until death, would be subject to both. By annuitizing the annuity over the insured/annuitants lifetime using a life-only annuity, as shown above, and contributing the annuity distributions to an irrevocable trust set up to pay policy premiums, all taxes are avoided.

Life insurance death proceeds are included in the insureds estate if the insured possesses incidents of ownership in the policy at death or the proceeds are payable to his or her estate. The value of a deferred annuity is included in the contract owners estate at death. If an annuity has been annuitized, however, the value included in the estate of the contract owner at death is the amount equal to the present value of any payments that are still due on the contract. Thus, a life-only annuity would have no value for estate tax purposes.

There may be negative estate tax consequences when a single premium immediate annuity is used to purchase guaranteed-issue life insurance inside a trust and the issuance of the insurance is dependent upon the purchase of a SPIA that costs more than the life insurance death benefit. [See Helvering v. Le Gierse, 312 U.S. 531 (1941).] However, where there is true shifting of financial risk, the insurance is fully underwritten, and the purchase of the insurance is not dependent upon the purchase of the annuity or vice versa, there is no reason why life insurance cannot be purchased using payments from an SPIA.

Therefore, when used together in the right way, life insurance and annuities can be a powerful tool.

Richard Baier, J.D., CLU, ChFC, FLMI, is assistant vice president-advanced sales at Jefferson Pilot Financial, Greensboro. N.C. He can be reached via e-mail at [email protected].


Reproduced from National Underwriter Edition, October 1, 2004. Copyright 2004 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.


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