Section 1035 Annuity Swap Tax Rule

Retirees can swap annuities tax-free but face surrender charges on old contracts.

By ·

Oct 13, 2026

8 cards · 1m 10s · tap to begin

From · · · 1m 10s

Section 1035 Annuity Swap Tax Rule

Retirees can swap annuities tax-free but face surrender charges on old contracts.

In brief

Retirees can swap annuities tax-free but face surrender charges on old contracts. Retirees can exchange annuities without federal tax bills but pay surrender charges on old contracts. Originally reported by 24/7 Wall St..

Section 1035 Rule

A 1954 tax rule lets retirees swap annuities without federal income tax bills.

Surrender Charge Cost

Retirees face a $10,000 surrender charge on old contracts when switching annuities.

Tax Break Savings

Tax Break Savings

Section 1035 saves $8,800 in taxes versus cashing out a $40,000 gain.

Bonus Pitch

Agents offer a 4% bonus credit but still leave a $2,400 shortfall after switching.

Surrender Charge Timeline

Surrender charges drop from 7% to 3% over time, reaching zero after seven years.

FINRA Rule 2330

Brokers must check if customers have exchanged annuities within the past 36 months.

Consumer Warning

Insurance salespeople have strong financial incentives to recommend unsuitable annuities.

Four Rules for Tax-Free Swaps

Never take possession of money, keep owner and annuitant the same, wait 180 days after partial exchange, and check Form 1099-R.

In short

Retirees can exchange annuities without federal tax bills but pay surrender charges on old contracts.

Read the original on 24/7 Wall St.

React

Sign in to react and comment.

Comments (0)

Life is short. Keep it sweet. Respect others' opinions and be kind!

    Recommended next

    More decks on section 1035 and related topics.