Non qualified annuity
If I am 52 and disabled, can I take out money from my qualified annuity without the 10% penalty?
I know I have to pay tax on the gain, but hoping to avoid the IRS penalty for being disabled
If I am 52 and disabled, can I take out money from my qualified annuity without the 10% penalty?
I know I have to pay tax on the gain, but hoping to avoid the IRS penalty for being disabled
Permalink Submitted by Alan - IRA critic on Sat, 2016-08-20 01:08
Yes, if you meet the definition of disabled (mostly disability must be of long term duration), the insurance company should code the 1099R with code 3. This waives the penalty whether the annuity is qualified or non qualified. If they do not provide the code, you can override it by filing Form 5329 and entering exception code 03 assuming or course that you qualify. If you can get a statement from your MD that you meet the disability definition of IRS code 72(m)(7), send it to the insurance company and ask them code the 1099R with code 3.
Permalink Submitted by hank suskiewicz on Tue, 2016-08-23 11:50
Thank you, but one last follow up to this question. I am disabled and than i open a non qualified annuity after the fact, can i still qualify for the 10% exemption from the IRS?
Permalink Submitted by Alan - IRA critic on Tue, 2016-08-23 18:39
Yes, the above answer applies whether you purchase the annuity before or after the disability begins.
Permalink Submitted by tomd37 on Tue, 2016-08-23 19:23
And I believe with the 1099-R having a code 3 the taxpayer might be able for Earned Income Credit (EIC) if properly documented as income on line 7 of Form 1040. Alan, please correct me if I am wrong. Tom D.