Gifting of inherited NQ Annuity

Can the non-spouse beneficiary of a Non-qualified annuity simply gift the annuity to a charity and avoid the income taxes on it? I believe they are required to take distributions over 5 years or lump sum and pay the taxes on the gain in the contract (IRD), but am wondering if they can avoid those taxes by simply gifting it to a charity?
Thanks, -m



m, I don’t think so. An owner cannot gift it, and it seems likely that a beneficiary could not either. Of course, if the inherited annuity is distributed and taxed, the proceeds can still be donated and considered as an itemized deduction subject to the usual limits. Or if the charity was a contingent beneficiary, beneficiary could disclaim and avoid the taxable distribution.

Gifting an Annuity When an annuity is gifted to another party, the transaction triggers a taxable event for the donor. Any relevant capital gains will be taxed at the current owner’s tax bracket. And, should the gift occur prior to the annuity owner’s age of 59 ½, the transaction will be subject to a 10% IRS early withdrawal penalty. Two exceptions may apply; should the transfer occur between spouses or former spouse (as in the event of a divorce settlement), or if the annuity was issued prior to April 23, 1987. Annuities issued prior to this date will be taxed following donation when the contract is surrendered rather than at the time of transfer. – See more at: https://www.immediateannuities.com/taxation-of-annuities/#sthash.ioGs428l.dpuf 



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