Tax Facts

599 / Is there a taxable gift when a nonparticipant spouse waives the right to receive a qualified joint and survivor annuity or a qualified preretirement survivor annuity?

A waiver of the right to receive a qualified joint and survivor annuity or a qualified pre-retirement survivor annuity ( Q 3881) by a nonparticipant spouse is not treated as a taxable transfer by the nonparticipant spouse if the waiver is made before the death of the participant spouse.1

1.     IRC § 2503(f).

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