About Secondary Market Annuities And Taxes

Many customers inquire about Secondary Market Annuities and taxes.  The original underlying Structured Settlement is a tax free award to the original annuitant.  Because of this, annuity carriers do not issue 1099′s to the recipients or to subsequent assignees.

Now before you jump for joy, read on….

Federal law and IRS guidelines per IRS 5891 outline how, in a properly structured transaction, a buyer becomes the assignee of an existing payment stream by means of qualified order.  The Buyer of a Secondary Market Annuity in a properly structured transaction as we do here at Annuity Straight Talk holds the contractual right to the payments.

So while under current IRS regulations buyers will not received a 1099 for the income they receive, this does not mean it’s tax-free.

Secondary Market Annuities Taxation:

Even though the original payee does not receive a 1099, subsequent investors do have a cost basis in the payments and a gain, and therefore are responsible for income taxes.

The taxation of income from Secondary Market Annuities held in non-qualified  accounts is up to the taxpayer and their tax adviser to declare.  Generally annuities are considered ordinary income and the ratio of income to principal is calculated using an exclusion ratio to determine (exclude) from income that amount of each payment that is return of principal.  Refer to the following IRS rules for guidance and consult your tax adviser for specific questions.

How To Calculate The Exclusion Ratio:

Obviously, investors have a basis in an SMA investment, and a gain on that investment.  The typical way to calculate the gain is to utilize an exclusion ratio for determining the principal and interest component of each payment.

Let’s look at an example of an exclusion ratio.  Assume the investor paid $100,000 and will receive $200,000 over 100 payments of $2000 each.  The exclusion ratio is 50%- Exactly 50% of each payment would be income, and 50% is return of principal.  Consult your adviser, but generally, this income is “ordinary income” for IRS purposes.

Alternative Methods:

There are other ways to reflect a payment stream where you use an amortization schedule, and one will be provided with your purchase on any Secondary Market Annuity.

This method however treats the SMA like a loan (and you are the lender) and recognizes interest income predominately in early years, and principal in latter years.   This may not be beneficial for you.

At this time, it’s our understanding you can use either the amortization method, or the  exclusion ratio method, to calculate your taxes. But be sure to consult your own tax adviser.

Secondary Market Annuities and Amortization Schedules:

The software we use in the SMA industry is called T-Val  and is used for calculating present value and discounted notes, as well as amortization tables for loans. With each SMA purchase, you will receive an amortization schedule produced by TVal that shows the principal and interest portion of each payment under the amortization method.

You can also refer our site for a discounted cash flow calculator.

The exclusion ratio is more intuitive than the amortization table.  Feel free to view this article for more information on the exclusion ratio, in plain English and not tax-speak!

Other Tax Considerations:

In the case of factored lottery cases, taxes are withheld by the state lottery commission for state and federal taxes, and you will file for an applicable state and federal refund for the taxes withheld on that portion of your payment which is return of capital (basis).

Secondary Market Annuities & Taxes Summary:

So even though investors do not receive a 1099 for the payments from the carriers based on current tax law, what happens in the future to tax law is anyone’s guess.  Some may use an amortization schedule to calculate gains, and others use the exclusion ratio.

We at Annuity Straight Talk LLC do not offer tax advice, and this page is for general information only, so please be sure to consult your own tax adviser for more info.

Written By

Bryan Anderson

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