Annuity question

I live in the state of MI and have a lot of clients with Fixed Annuities coming out of surrender. I am thinking about positioning a wealth transfer solution but to do that one would have to surrender their annuity contract and deal with the taxes. However if you initiate a five pay, somewhat of annuitizing the contract, one could spread the tax consequences over the five years. I understand that the annuitization process, for lack of better words, has to be done carefully to avoid paying all the capital gains in the first year. Is my thinking correct??



Yes, if the contract is annuitized, the gains are pro rated with return of principal such that there is an equal taxable amount each year. Otherwise, if non periodic payments are taken from the annuity, the gains come out first.Other rules apply to NQ annuities purchased prior to Aug, 1982. 



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