Chapter 7

 

Primary Uses of Annuities

 

 

Tax-Deferral

 

Annuities are considered a tax-deferred financial vehicle. That means that the interest growth is not taxed until withdrawn. When funds are withdrawn, part will be taxable (growth) and part will be non-taxable (principal).

 

An exclusion ratio is determined by the insurer and represents the portion of the annuity that is capital and therefore not taxed. In other words, it is the principal that was deposited either in a lump sum or on an accumulation basis that was taxed prior to deposit (after-tax dollars).

 

When annuity withdrawals are requested the insurer figures the exclusion ratio by using tables provided by the Internal Revenue Service (IRS). It is a formula that determines the amount of each check that is considered to be either principal or interest. The interest is taxed, but the principal is not because it is a return of capital.

 

The exclusion ratio will vary depending upon the life expectancy of the annuitant, which is based on mortality tables, or the set number of years chosen by the contract owner for receiving payments. The longer the expected period, the smaller the exclusion ratio will be.

 

Expected return is the projected or assumed rate of growth. This amounts to the total growth plus principal. Once an expected return is determined, the percentage of the amount that was invested in the contract is calculated. Once this percentage is calculated, it is used each year to determine how much of the annual payments will be classified as a return on capital, and not taxed, and how much will be classified as growth, which will be taxed. Once the total of all payments representing return of capital over the years equals the principal, then these tax-favored payments end. Any future distributions thereafter would be totally taxable.

 

In variable contracts, the exclusion ratio could change almost every month, since the performance of the stock and bond markets cannot be predicted.

 

An Example:

Marjorie invested $100,000 in a fixed-rate annuity. She needs as much current income as possible for the next five years. She decides to annuitize her contract and receive monthly checks. During the next 60 months, which is the five years, approximately 85 percent of each check she receives will be considered a return of capital (the $100,000 deposited) and therefore not taxable. She paid the taxes as she earned the initial deposit, so that represented after-tax dollars. The remaining approximately 15 percent is considered income according to the IRS tables and will be taxed as ordinary income. Once all of the initial $100,000 deposit has been paid to Marjorie, all remaining checks will be considered income and taxed at the rate she is taxed for ordinary income.

 

Only a small percentage of annuity owners actually annuitize their investment. As a result, the funds might remain in a tax-deferral state throughout their lives, with only an occasional withdrawal being exposed to taxation. Since the account is tax-deferred, only if a withdrawal is made will any taxes apply. If withdrawals are never made, the account will eventually go to the listed beneficiary upon the account owners death.

 

People often choose an annuity because of its tax-deferred status. Since the majority of annuity owners do not annuitize, tax-deferral becomes an important point since it allows them to hold their cash asset without being penalized by taxation. If these same people purchased another type of vehicle that was taxed, the growth would be affected by paying tax on it.

 

Compounding interest allows the principal and the accumulating interest to earn additional interest. Compounding interest is often figured using the Rule of 72. This is a quick and convenient way to determine how something will multiply in value over time. It helps to determine how money will grow with time.

 

Most of us figure dollar growth in terms of how long it takes to double in value. This will depend upon the rate of return. Obviously, the higher the rate of interest, the faster the sum will grow. Dividing the rate of return into the number 72 will provide an approximate doubling rate. Therefore it is called the Rule of 72.

 

If the growth is being reduced each year due to taxation, this lessens the growth of the financial vehicle. When taxes do not reduce the returns, the financial vehicle becomes larger quicker.

 

Lets look at how tax deferral affects compounding interest:

 

If Gerald places $100,000 into both a certificate of deposit and a fixed-rate annuity both earning 5 percent interest, the initial growth will be identical. For simplicity sake, lets say the growth on each is an even $500. Gerald is in a twenty percent tax bracket, so the CD will be taxed $100. The annuity will not because no funds have been withdrawn. That leaves a policy year-end balance of $100,500 for the annuity, but only $100,400 for the certificate of deposit. Since compounding means that the interest earned in that first year will be earning in the second year on, the annuity now has a larger amount earning interest than does the CD. Within a few years the annuity will certainly outpace the CD.

 

The bank will send Gerald a 1099 form each year on the interest his CD has earned so that he may count it towards his income earnings for the year. These earnings will count towards his provisional income which will determine if he is going to pay taxes on his social security benefits or not. Provisional income consists of Geralds pension income + interest from the CD, his stocks, and so forth +tax-exempt interest + 50% of his social security benefits.

 

Since the annuity interest is tax-deferred, it is not only an advantage as far as growth is concerned, but also an advantage in that it will not affect his social security earnings (unless he makes a withdrawal from his annuity). Many financial advisors feel that the lack of an effect on provisional income is a far greater advantage of tax-deferral than the interest compounding.

 

Income Distribution

 

As previously discussed, an annuity owner has several options available when he or she is ready to receive distributions from their annuity:

 

  1. Life only, which will provide monthly checks for the duration of the annuitants life. The exact amount will depend upon mortality tables (which estimates their expected life span) and the amount of money deposited into the annuity. Upon the annuitants death, nothing will go on to any listed beneficiary. One might say the insurance company will be the heir upon the annuitants death.
  2. Joint-And-Last-Survivor, which pays for the lifetime of two named individuals. Usually married couples choose this. The death of the first named person will not affect or alter the checks that continue to the remaining person named on the contract. The same amount continues until their death. Again, like the life only option, no heir will receive any remaining money, if any were left unused.
  3. Lifetime With Period Certain, which pays for the annuitants lifetime but with the added guarantee that someone, perhaps the beneficiary, will receive income for a set specified period of time. The time period will depend upon what was chosen, but frequently it is for five or ten years. The time period is based on the first check received by the annuitant (not on the time of death).
  4. Cash Refund, which pays out all the capital invested, plus interest earned, in monthly installments or a lump sum to either the annuitant or their listed beneficiary. Once the full account has been paid, payments stop.
  5. Set Number of Years, which will guarantee payment for the number of years requested, as long as the period selected is for at least three years (an IRS requirement). This may be used when the individual needs income for a known length of time until a pension, trust, or some other asset begins to pay income.
  6. Specific Dollar Amount, which is not a common option, but available nonetheless in many contracts. In this case, a specific dollar amount is requested and that amount is paid out each month until the fund is depleted.

 

In all of these options, the longer the potential payout period may last, the lower the payment will be. Obviously, the payment will also be based on the amount of money that has been deposited. Dividing $100,000 over ten years will be different than dividing $50,000 over ten years.

 

Split Annuity

Split Annuities are contracts that are divided into two parts. One part is distributed while the other remains intact earning interest. While the annuity can have either a fixed or variable rate, the fixed rate can make the guarantee of complete restoration within a set period of time. A Split Annuity is for anyone who needs current income, needs a tax break, and wants the guarantee at the end of a specific period of time. The amount received each month will change with the securities investments that the policyholder selected. It is possible to choose a fixed rate annuity if a person desires a specific amount payable.

 

The chief difference between a split annuity and an immediate annuity is that the split annuity is designed to restore principal. The immediate annuity only capitalizes on the short-term performance. Split annuities can be used as long-term investments, whereas immediate annuities vary from a few years to a lifetime. Split annuities can offer the policyholder guarantees in terms of performance that the immediate annuity cannot unless a fixed rate option is used.

 

In choosing a variable or fixed rate, one should consider the market and the policyowner's goals. The variable rate cannot offer any guarantees like the fixed rate ones. However, the potential for return is greater on the variable rate options.

 

As with all annuities, the distribution amount is flexible prior to annuitization. If the policyholder does not need as much income, the contract can be changed. The same is true if the policyholder decides they need more income. They would then be weighing down the split annuity more heavily for income as opposed to growth. Remember, the policyholders only become locked in for the portion they annuitize.

 

 

Should the Investor Annuitize?

The majority of individual (non-qualified) annuities are never annuitized only about 25 percent are. This is often a very personal decision based on individual needs and circumstances. A primary downside to withdrawing funds from an annuity is the way that growth is taxed as ordinary income. There are no capital gains in annuities. This includes variable fund accounts. Only the portion that represents a return of the original investment is non-taxable. If the owner has not withdrawn the money from their account, when they die it will be considered a part of the estate and subject to estate taxes. That does not mean it will go through probate because it wont as long as a beneficiary other than the estate is listed.

 

Annuities are designed to pay income to the annuitant during their life. Therefore, if the individual needs income it makes sense to annuitize. On the other hand, if the individual does not need income it would make no sense to do so, since the growth would be taxable.

 

For qualified annuities, there may be little choice. Most require withdrawals at some determined point at least age 70 . On the plus side, one of the great features is knowing that income will be there each month. Even if the owner is forced to annuitize, there will be monthly income that they can count on possibly for life if that option has been chosen.

 

Annuity Advantages

 

There are positive and negative aspects to every investment vehicle. What is appropriate for one investor may not be appropriate for another. With that in mind, lets look at what is commonly considered to be annuity advantages:

 

  1. Safety of principal and interest growth.
  2. Collective financial strength, since insurers collectively represent, control or manage more assets than all of the banks in the world combined.
  3. Reserve pools, a system of insurance companies that assumes the liabilities of any defunct member company.
  4. A rating system that allows investors to research the strength (or weakness) of any company they are considering.
  5. Tax-deferred growth, since the interest earnings are not taxed until withdrawn. On non-tax qualified accounts, it may not be necessary to ever withdraw funds so that taxes can be permanently avoided.

 

Those who buy fixed-rate annuities nearly always quote safety of principal as a major concern. As the saying goes Im not so concerned with a return on my money, as I am with the return of my money. Certainly the point of investing is to obtain growth, but in todays economic marketplace many investors feel uncomfortable with financial risk. Annuities guarantee 100 percent of the investors principal. Few investments give principal guaranteed at all times promises. Only accounts insured by the Federal Deposit Insurance Corporation (FDIC) gives the same promise. A few others make similar promises, but only if the investment is held to maturity. Variable annuity values can fluctuate and may not be suitable for safety-conscience investors since principal is not guaranteed on a day-to-day basis. Variable annuities do guarantee principal through the guaranteed death benefit.

 

Why the difference between fixed-rate and variable annuities? In a fixed-rate annuity the insurer does the investing, but in a variable product the investor decides which type of portfolio to go into and with what dollar amounts. Therefore, there is the potential of loss since risk is greater.

 

Virtually every state requires that insurers doing business in their state participate in the legal reserve pool. If an insurer goes out of business, the remaining insurers must assume the liabilities and obligations of the now-defunct insurer. The liability assumed by any one company depends on how much business it does in that particular state. A company doing 15 percent of business in the state would assume 15 percent of the failing companys obligations.

 

Rating services are not foolproof. There have been insurer failures that were not signaled by the rating services. Even so, by comparing the ratings of two or more services it is possible to gain good insight into an insurers financial strength.

 

For the person investing in variable annuities, the rating of the insurer has little bearing since the investment is not made in the company issuing the annuity, but rather in other sub-accounts. It is the performance of those sub-accounts that will determine the strength of the investment. They are buying securities that are issued by other entities not the insurer.

 

Fixed-rate annuity investors will have their money commingled with what is referred to as the insurance companys general account. The general account is a pool of money from fixed-rate annuity investors and other sources. The insurer then seeks the highest return possible while still maintaining a high level of safety (since they guarantee the principal and a base interest rate).

 

Participants in annuities bought before 1981 can chose to withdraw principal first and growth second, but any purchased after that time cannot. Even so, if withdrawals are made at times chosen by the annuitant or contract owner, taxes can be minimized.

 

Tax-deferred growth, a strong advantage for the annuity prevents taxation until funds are withdrawn. The owner of a non-qualified annuity can determine when that point in time is. Since the investment grows without taxation, returns are greater than an account that loses money each year to taxes.

 

Most annuities are purchased by individuals aged 60 and over. This may be due to the withdrawal limitation of 59 but it is more likely due to the investors turning to safety and repositioning previous accounts that carried higher investment risk. Many more older people buy annuities than do younger ages. At younger ages, investors are willing to take investment risks that they do not wish to take by the age of sixty. By that point, safety carries a high importance.

 

Annuity Disadvantages

 

It seems like everywhere we look there is an article by someone who professes to be an authority on annuities. Some are for them; others are adamantly opposed to annuities. The truth usually lies somewhere in the middle. While annuities have their place in financial planning, annuities should never be the only plan. Rather they should be part of a diversified financial strategy.

 

Basically, the disadvantages of an annuity consist of:

  1. Potential IRS penalties and taxes for early withdrawals.
  2. Potential insurance company penalties for early withdrawals.
  3. The expenses associated primarily with variable annuities.
  4. Taxation as ordinary income on growth.

 

Annuities were intended to be retirement funds. Although they are not always used for that purpose, that was the intent. Therefore, the IRS intends for them to be used for retirement and they encourage this by fining those who withdraw funds prior to age 59 . It is the assumption that no one will be using the money for retirement prior to that age. No penalty will be imposed on the principal; its imposed on the growth.

 

There are some exceptions to the IRS penalty:

  1. When the annuitant dies prior to age 59 (or the owner if the contract is owner-driven).
  2. When the contract owner becomes disabled prior to age 59 .
  3. When the contract owner annuitizes the contract at any age.
  4. When the contract owner waits until after age 59 to withdraw funds.

 

It is important to realize that most contracts will look at the annuitants death or disability, not the contract owners. The beneficiarys death or disability never affects the contract, unless he or she is also the annuitant. In those contracts that are owner-driven the death or disability of the owner would waive penalties.

 

A person of any age can purchase an annuity. Those under legal age would have to have another person involved. However, since they are geared with retirement in mind, few people under age 50 tend to purchase them. That is unfortunate since all of us will retire some day. The younger we begin to save for retirement, the more secure that time of our life will be.

 

Those under the age of 60 do save for retirement, but they are more likely to save in ways that involve a higher level of risk, since they have youth on their side. If their stocks lose money, for example, a younger person has time on their side to make it up. As they reach fifty and sixty, their focus begins to change, looking towards more secure investments. At this time, they are likely to reposition their assets to vehicles such as annuities.

 

Annuities grow tax-deferred not tax-free. Tax liabilities can be postponed and passed on to the beneficiary if the account is never annuitized and funds are never withdrawn. IRS will not tax the principal even if it goes to the beneficiaries; it is the growth that is taxed.

 

Although annuitants can decide when they are taxed by waiting to withdraw funds, at some point there will be taxes if they take out any growth income. Probably the most often cited disadvantage is the fact that the growth income is taxed at ordinary income tax rates. Those who favor annuities point out that this can be minimized by withdrawing at appropriate times, while those who dislike annuities say there is never an opportune time to pay tax on ordinary income. This debate is likely to continue as long as annuities are offered for sale.

 

Insurers have surrender charges on annuities. The length of the charge will depend upon the contract but they often remain with the contract for seven or eight years. Annuitization will not be affected by surrender charges (they will not be levied if the contract is annuitized). Since most annuities do not experience many withdrawals, except for the free ones that are not affected by surrender charges, this does not seem to be an issue for most investors.

 

Disadvantages often mean misuse. Any financial vehicle becomes a disadvantage if it is used improperly. Annuities, like other financial vehicles, must be fully explained, surrender values must be completely discussed, and annuitization options must be understood by the person buying it.

 

Some financial planners feel annuities should not be used for IRAs because the IRA is already a tax-deferred vehicle. They reason that it makes no sense to use one tax-deferred vehicle to shelter another. Barry Perlman states that income deferral is utterly irrelevant if the annuity is held as an IRA or retirement account. He states the IRA and retirement plan already provides for the deferral and, in fact, distributions are governed by the provisions of Section 72 applicable to IRA retirement plans, not the general annuity provisions.

 

Finally, it would be impossible to overlook one major disadvantage that occurs with annuitization: the potential loss of beneficiary money. The theory behind lifetime income is that the annuitant will live far longer than the insurer desires, receiving far more than they ever paid in. However, there are perhaps no better statisticians than those employed by insurance companies. While people certainly do fool them by living far longer than expected, most live within the horizons projected by the insurers. Some die far sooner than expected. If a lifetime income annuitization has been selected, the insurer becomes the designated beneficiary, receiving any unused portions of invested funds.

 

For all types of annuitization, there are fees involved. There are fees involved in the annuity even if not annuitized, but investors should realize that all portfolios require management and there is no free lunch. The investor must pay the insurance company for the cost of selling the annuity, setting up the account, collecting and investing the money during accumulation periods, and paying the regular payments during the distribution periods. Some financial professionals write as though the insurers should be able to do all of this without cost, but all types of investments have costs. These expenses are required in all types of portfolios. For some mutual funds the annual expenses can be as high as 10 percent when everything is added in. Those that are tax-deferred, like annuities, will still end up with better returns than those that are not tax-deferred.

 

Investment Comparisons

How does an annuity compare with other investments? For those that do not have the advantage of tax-deferral, such as CDs, money markets, and savings annuities will grow much faster due to the tax-deferral. Some types of investments would be very difficult to compare to annuities. It would be virtually impossible to adequately compare an annuity with a real estate investment, for example. The features of each are so different. One could say that the real estate investment lacked liquidity, but that is not even necessarily true with todays low real estate equity rates.

 

Investment Comparison Chart:

 

 

Liquidity

Tax Advantages

Probate

Accelerated

Benefit

Returns

Annuities

10% yr* or annuitization

Yes, tax

Deferred

Beneficiary

designation

Up to 25%

For illness

** Triple Compounding

Certificates

Of Deposit

Only at maturity

No, taxable in year earned

Beneficiary designation

No

Earnings to

maturity

Money Market

Yes

No, taxable in year earned

Beneficiary designation

May withdraw

No tax deferral

Savings a/c

Yes

No, taxable in year earned

Beneficiary designation

May withdraw

No tax deferral

Mutual Funds

Must be sold

No, taxable in year earned

Fully applicable

No

Earnings not guaranteed

Stocks

Must be sold

No, taxable in year earned

Fully applicable

No

Earnings not guaranteed

Bonds

No

Some are

tax-exempt

Fully applicable

No

Stated Returns

Commodities & Options

Must be sold

No, taxable in year earned

Fully applicable

No

Questionable

 

Liquidity

Tax Advantages

Probate

Accelerated

Benefit

Returns

Limited Partnerships

No

No

Fully Applicable

No

Questionable

Promissory Notes

No

No

Fully Applicable

No

Individual to contract

Real Estate

Invt Trusts

No, must

be sold.

Only the primary home

Fully Applicable

No

Can be very good or bad.

Viaticals

No, must

be sold.

No

Fully Applicable

No

No statistical information available.

* Some contracts may vary. It is always important to read contract terms.

** Triple Compounding is a term used to mean interest earning interest. The first year interest is applied. The next year will gain interest on the principal + interest on first year interest and so on in successive years.

 

 

Annuitization

Terminal Illness

LTC Waiver

Additional

Contributions

Free Look

Option

Annuities

Yes

Yes, Some contracts

Yes, Some contracts

Some, yes.

Some, no.

Yes

CDs

No

No

No

No

No

Money Market

No

No

No

Yes

Not Relevant

Savings a/c

No

No

No

Yes

Can close a/c if unhappy

Mutual Funds

No

No

No

Yes

No

Stocks

No

No

No

May purchase additional stocks

No

Bonds

No

No

No

No

No

Commodities & Options

No

No

No

May purchase additional

No

Limited Partnerships

No

No

No

No

No

Promissory Notes

No, except

when set up as an annuity

No

No

No

No

Real Estate

Invt Trusts

No

No

No

Some can

No

Viaticals

No

No

No

Some can

No

 

 

 

 

Transferability

Creditor

Protection

Annuities

Yes

If properly set up, yes

CDs

No

No

Money Market

Yes

No

Savings a/c

Yes

No

Mutual Funds

No

No

Stocks

No

No

Bonds

No

No

Commodities & Options

No

No

Limited Partnerships

No

No

Promissory Notes

Sometimes, yes

No

Real Estate

Invt Trusts

No

No

Viaticals

No

No

 

 

Some of the investments listed in the grid above resemble gambling more than they do investing. For example, some so-called investments are pure speculation and include such things as trading of futures, options, and commodities. These are derivatives, meaning financial investments with value derived from the performance of another security such as a stock or bond. Options are likely to depend upon the short-term movements of a specific security.

 

Real estate and stocks have historically produced comparable returns. In some areas, real estate has done especially well, but this can provide a false security. What goes up can also come down. No tax benefits are earned when accumulating a down payment another drawback to real estate. For many, however, real estate has produced extremely good income and investment return when sold many years later.

 

There is no particular investment that is always right for every person. Each is an individual with individual needs and circumstances. Each annuity and other investment vehicle should be viewed from the standpoint of the needs that exist for that person.

 

End of Chapter Seven

United Insurance Educators, Inc.