NonQ Annuity

In 2020 I have a client who had 220k(200k basis) of nonQ funds in an annuity, we surrendered it and put it into another annuity(not realizing he was not 59.5) 6 months before he reaches 59.5. Tax time now and its showing 20k of taxable income w a 10% pre 59.5 penalty. Is there anything I can do to avoid that penalty?
Thanks



There are not multiple penalty exceptions for the taxable portion of a NQ annuity distributions, as there are from other retirement plans.  Was there a reason a 1035 exchange could not have been done?

Nope, just a foul-up on my end…

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