Can I claim tax deduction for my $4K loss in Annuity surrender?
I started contributing to a life insurance/annuity policy back in 2009 when I was fresh out of college. I put in after-tax money consistently for about 14 years, totally around $28K altogether. Last month, I decided to fully surrender the policy and cash out, but was shocked to see I only got back about $23K. The agent explained all these fees, surrender charges, and administrative costs ate up roughly $5K of my investment. I'm pretty upset about losing money on what was supposed to be a long-term investment, but now I'm wondering if there's at least a tax benefit here. Can I claim this $5K loss on my 2023 tax return somehow? I've been searching online and getting conflicting information - some sites say I can include it as an itemized deduction, others mention putting it on Schedule 1, and a few places say I can't deduct it at all. Does anyone know the correct way to handle this? Has anyone successfully deducted an annuity loss before? Any help would be really appreciated before I file.
29 comments


Madeline Blaze
Unfortunately, this is a tricky situation with annuities. Prior to the Tax Cuts and Jobs Act (TCJA) of 2017, you could claim losses from annuity surrenders as miscellaneous itemized deductions subject to the 2% AGI floor on Schedule A. However, the TCJA suspended these miscellaneous itemized deductions from 2018 through 2025. Currently, annuity losses like yours generally aren't deductible on your tax return. The IRS views the fees and charges as costs associated with your investment rather than deductible losses. It's similar to how you can't deduct losses from selling personal property. The only potential exception would be if the annuity was held in connection with a business or for-profit activity, but this doesn't sound like your situation since you mentioned it was a personal investment started after college.
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Max Knight
•So basically this person is just out $5k with no tax benefits? That seems totally unfair. If I lost $5k in stocks I could at least offset some capital gains. Why are annuities treated differently? Is there ANY way to recoup some of this loss?
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Madeline Blaze
•You're right that there's a fundamental difference in tax treatment. With stocks, bonds, and many other investments, losses can offset capital gains or even ordinary income (up to limits). Annuities are treated differently because they're technically insurance products with investment features, not pure investments. There's unfortunately no direct way to deduct this specific loss under current tax law. The best approach is to consider this experience when making future investment decisions. Many financial advisors recommend more transparent investment vehicles with lower fees and better liquidity unless there's a specific need for an annuity's features.
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Emma Swift
After dealing with a similar situation last year (lost about $3,200 on an annuity surrender), I found this amazing AI tax tool called taxr.ai that really helped me understand my options. It analyzed my documents and explained exactly why I couldn't claim the loss but helped me find other deductions I was missing. Was super simple - just uploaded my surrender statement and tax docs, and it broke everything down in plain English. I'm using it again this year because it found me an extra $670 in deductions I would have missed. Might be worth checking out at https://taxr.ai if you're still trying to maximize your return despite the annuity situation.
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Isabella Tucker
•Did it actually help you claim the annuity loss somehow? Or did it just find other unrelated deductions? How much does it cost? My return is pretty simple except for this annuity issue.
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Jayden Hill
•I'm always skeptical of these AI tax tools. How accurate is it really? I've had TurboTax miss things before and that's been around forever. Does it actually understand complicated tax situations or just do the basics?
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Emma Swift
•It didn't help me claim the annuity loss specifically since that's not deductible under current tax law, but it identified several other deductions I wasn't aware of. In my case, I had some self-employment income I didn't realize qualified for certain business deductions, plus it found a charitable contribution I had forgotten about. The accuracy has been impressive compared to other tools I've tried. It's much more conversational than TurboTax and explains why certain deductions apply or don't apply to your situation. It handles complex scenarios well - in addition to my annuity situation, it helped with some complicated stock options and rental property questions I had.
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Isabella Tucker
Just wanted to follow up about taxr.ai that I asked about earlier. I decided to try it out with my surrender documents and last year's tax return, and wow - while it confirmed I couldn't deduct the annuity loss (bummer), it caught that I had overpaid on state taxes last year because I didn't properly account for some retirement income being partially exempt in my state. It also showed me that I could still itemize deductions this year if I bunched my charitable contributions instead of taking the standard deduction. Definitely worth it for me - saved about $430 in total that I would have missed.
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LordCommander
Have you tried calling the IRS directly to ask about your annuity loss deduction? I know this is the kind of specific tax question they can actually answer well. The problem is GETTING THROUGH to them! I spent 3 hours on hold last month trying to ask about a similar investment loss question. Finally discovered this service called Claimyr that gets you through to IRS agents fast - like within 15 minutes instead of hours. I was super skeptical but I used https://claimyr.com after seeing their demo at https://youtu.be/_kiP6q8DX5c and they got me through to an agent in 12 minutes. The agent confirmed the exact rules about investment losses and what qualified for deductions. Saved me tons of time and uncertainty.
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Lucy Lam
•Wait, how does that even work? The IRS phone system is notoriously terrible. How could any service possibly get you through faster than everyone else? Sounds like a scam to me.
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Aidan Hudson
•Yeah right. Nothing gets you through to the IRS faster. I'll believe it when I see it. Even my CPA has to wait on hold forever. What's their secret, magic?
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LordCommander
•It's basically a callback system that navigates the IRS phone tree and holds your place in line. When they're near the front of the queue, they call you and connect you directly to the IRS agent. It's completely legitimate - they don't ask for any personal tax information or anything sketchy. They use technology to continually dial and navigate the IRS phone system so you don't have to sit there listening to the hold music for hours. I was connected to a real IRS agent who answered my questions about investment loss deductions, and the whole call with the agent took about 15 minutes once I was connected.
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Aidan Hudson
I need to eat my words about Claimyr. After posting that skeptical comment, I was still desperate to talk to someone at the IRS about an investment loss issue similar to the original poster's. Figured I had nothing to lose so I tried it yesterday. I'm honestly shocked - got connected to an IRS agent in about 17 minutes. The agent clarified that while annuity losses aren't deductible specifically, I could use some cost basis adjustments on another investment that would help my tax situation. Saved me at least $700 in taxes plus hours of frustration. Never been happier to be wrong about something!
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Zoe Wang
Just wanted to add another perspective here. I'm a financial advisor (not a tax pro), and I see clients with annuity surrender losses fairly often. While you can't deduct the loss directly, you should make sure you're tracking your "basis" correctly. If you ever buy another annuity in the future, you might be able to use a 1035 exchange which can preserve your investment without triggering taxes. Also, for anyone reading this who hasn't surrendered their annuity yet but is considering it, sometimes holding until certain surrender charges expire can make a big difference.
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Tyler Lefleur
•Thanks for this additional perspective. I already surrendered my annuity, but I'm curious - what exactly do you mean by tracking my "basis" correctly? Is there something I should be documenting now for future tax situations even though I can't deduct the loss this year?
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Zoe Wang
•Your "basis" is essentially what you paid into the annuity - in your case, that $28K you contributed. Always keep documentation of your original contributions and the surrender value you received. While you can't deduct the loss now, tax laws do change periodically. If you purchase another annuity in the future, understanding your previous experience will help you ask better questions about surrender periods, fees, and performance expectations. Also, many people don't realize that annuities can sometimes be donated to charity with specific tax advantages, so keeping records of your experience might be valuable if tax planning becomes more complex in your future.
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Connor Richards
Has anyone used the loss harvesting strategy with annuities? My buddy claims he was able to somehow use an annuity loss to offset some gains, but I think he's confusing it with regular investment accounts.
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Grace Durand
•Your buddy is definitely confusing annuities with regular investment accounts. Tax-loss harvesting works for stocks, mutual funds, and other capital assets, but not for annuities surrendered at a loss. Annuities have their own special tax rules that are honestly pretty terrible for situations like this.
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PixelPrincess
I'm really sorry to hear about your $5K loss - that's incredibly frustrating, especially after contributing faithfully for 14 years. Unfortunately, the other commenters are correct that annuity surrender losses aren't deductible under current tax law. One thing I'd suggest is requesting a detailed breakdown of all the fees and charges from your insurance company if you haven't already. While it won't help with deductions, it's good to understand exactly where your money went (surrender charges, administrative fees, management costs, etc.) for future reference. Also, since you mentioned this was supposed to be a long-term investment, you might want to consider putting that $23K you received into a more transparent investment vehicle going forward - maybe a low-cost index fund in a taxable account or maximizing your 401k/IRA contributions if you haven't already. At least with those, any future losses could potentially be used for tax-loss harvesting. It's a tough lesson learned, but you're definitely not alone in this situation. The insurance/annuity industry has unfortunately complicated fee structures that aren't always clearly explained upfront.
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Sydney Torres
•This is such great advice! I'm in a similar boat - surrendered an annuity last year with about $3K in losses and was so frustrated. Getting that detailed fee breakdown was eye-opening - I had no idea how many different charges were buried in there. You're absolutely right about putting the money into something more transparent going forward. I ended up maxing out my Roth IRA with part of the surrender value and put the rest in a simple S&P 500 index fund. At least now I can see exactly what I'm paying in fees (like 0.03% vs whatever crazy percentage the annuity was charging). It's definitely a hard lesson but better to learn it now than keep throwing good money after bad.
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Andre Dupont
I feel your pain on this one! I went through something very similar about two years ago with a whole life insurance policy that had an investment component. Put in about $15K over 8 years and only got back $11K when I surrendered it. The $4K loss was a real gut punch. What really helped me was sitting down and calculating the actual annual return I would have gotten if I had just put that money in a simple index fund instead. It was honestly depressing to see, but it also motivated me to be much more careful about investment fees going forward. Since you can't deduct the loss, I'd recommend at least making sure you're not missing any OTHER deductions this year to help offset the sting a bit. Things like charitable donations, state and local taxes (up to the $10K limit), mortgage interest if you itemize, or any business expenses if you have side income. Every little bit helps when you're already down $5K from the annuity situation. Also, if you haven't already, definitely read through all the fine print on any future investment products. I learned the hard way that "long-term investment" and "good long-term investment" are very different things!
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GalaxyGlider
•Thanks for sharing your experience with the whole life policy - it really helps to know I'm not alone in dealing with these surprise losses! That's a great idea about calculating what I would have made in an index fund instead. I'm almost afraid to do the math, but you're right that it would be motivating for future decisions. I definitely need to look closer at other deductions this year. I usually just take the standard deduction, but with this annuity loss putting me in a tough spot financially, I should probably see if itemizing makes sense. I do have some charitable donations and mortgage interest that might add up. The fine print lesson is so true - I was 22 when I signed up for this thing and the agent made it sound like such a great deal. Now I realize I should have been asking way more questions about fees and surrender charges. Live and learn, I guess!
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Mateo Hernandez
I'm a tax preparer and see this frustrating situation every tax season. You're absolutely right to be upset about the loss, and unfortunately the other commenters are correct that annuity surrender losses aren't deductible under current law. One thing I always tell clients in your situation: make sure you keep ALL the paperwork from this surrender - the original contract, premium payment records, and the surrender statement. While you can't use the loss now, tax laws can change, and having complete documentation could be valuable if deductibility rules are restored in the future. Also, when you file your return, double-check that the insurance company properly reported the taxable portion (if any) of your surrender on Form 1099-R. Since you put in after-tax money, you shouldn't owe tax on getting your own contributions back, but sometimes there are reporting errors that can cause unnecessary complications. The silver lining is that you learned this lesson relatively early and can redirect that $23K into more transparent, lower-cost investments going forward. Consider this expensive tuition in the school of personal finance - many people don't realize how costly these products can be until much later in life when the losses are even larger.
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Carlos Mendoza
•This is really solid advice from a professional perspective! I hadn't thought about keeping all the paperwork for potential future tax law changes - that's actually brilliant. Do you think there's any realistic chance that the miscellaneous itemized deductions might come back after 2025 when the TCJA provisions expire? Also, great point about double-checking the 1099-R reporting. I got mine last month but honestly just glanced at it. I should probably review it more carefully to make sure they didn't incorrectly show any taxable income from my surrender. The last thing I need is to pay taxes on money that was already taxed when I earned it originally! Your comment about this being "expensive tuition" really resonates with me. I keep trying to frame it that way instead of just feeling stupid about the whole thing. At least now I know to ask the right questions about fees, surrender periods, and actual investment returns before putting money into anything like this again.
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Wesley Hallow
I went through a very similar situation about 18 months ago with a variable annuity that I had been funding since 2011. Put in about $32K over the years and only got back $26K when I finally surrendered it - lost roughly $6K to various fees and charges that I never fully understood when I signed up. Like others have mentioned, you unfortunately can't deduct this loss on your tax return under current law. I spent weeks researching this and even consulted with a CPA, but the bottom line is that annuity surrender losses just aren't treated the same way as capital losses from stocks or bonds. What helped me move forward was doing a detailed analysis of where all my money went. I requested a complete fee breakdown from the insurance company, and it was honestly shocking - surrender charges, administrative fees, mortality and expense charges, underlying fund fees, etc. It really drove home why these products are often called "financial products sold, not bought." My advice: take that $23K you got back and put it into something with much lower fees and better liquidity. I ended up maxing out my Roth IRA for the year and putting the rest into a simple three-fund portfolio with Vanguard. The transparency and low costs are such a relief compared to the annuity world. Also, don't beat yourself up too much about this. The insurance industry markets these products very aggressively to young people, and they're designed to be confusing. Consider it an expensive but valuable lesson in reading the fine print and understanding fee structures before investing.
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Miguel Ramos
•Thank you for sharing your experience - it's both comforting and frustrating to hear so many similar stories! Your loss of $6K is even worse than mine, so I really appreciate you taking the time to share what you learned. I'm definitely going to request that detailed fee breakdown you mentioned. I think seeing exactly where my money went will help me process this better and make smarter decisions going forward. The "financial products sold, not bought" phrase really hits home - I remember the sales pitch being so convincing about long-term growth and tax advantages, but nobody spent much time explaining all those fees. Your three-fund Vanguard approach sounds like a much more sensible way to invest that $23K. I've been paralyzed about what to do with the money since I got it back, worried about making another expensive mistake. But low-cost index funds seem like the complete opposite of what got me in trouble with the annuity. It's reassuring to hear from someone who's been through this and came out the other side with a better investment strategy. Thanks for the perspective that this is just expensive education rather than a complete failure on my part!
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Melissa Lin
I'm really sorry this happened to you - losing $5K on what you thought was a safe long-term investment is incredibly frustrating. As others have confirmed, unfortunately you can't deduct annuity surrender losses under current tax law due to the Tax Cuts and Jobs Act suspending miscellaneous itemized deductions through 2025. What might help is thinking of this as valuable (albeit expensive) financial education. At 22, you trusted what seemed like professional advice, but now you have the knowledge to make much better investment decisions going forward. Many people don't learn about the high fees and surrender charges in these products until they're much older with even larger losses. For the $23K you received back, consider putting it into low-cost index funds in a taxable account or maxing out tax-advantaged accounts like your 401k or IRA if you haven't already. These will give you much better transparency, lower fees, and the ability to use any future losses for tax purposes. Also, definitely keep all your paperwork from this surrender - the original contract, payment records, and surrender statements. While the loss isn't deductible now, tax laws can change, and having complete documentation could be valuable if deductibility rules are restored after 2025. You're not alone in this situation - the annuity industry has unfortunately caught many young investors in similar fee traps. The important thing is learning from it and making better choices going forward.
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Ravi Patel
•This is such thoughtful and comprehensive advice! I really appreciate you taking the time to lay out both the immediate reality (no deduction possible) and the long-term perspective on this situation. The point about keeping all the paperwork for potential future tax law changes is something I hadn't considered - that's really smart forward-thinking. Even if the chances are slim, having the documentation costs nothing and could potentially be valuable down the road. I'm also glad you mentioned the psychological aspect of this. I've been feeling pretty foolish about the whole thing, but you're right that learning this lesson at a younger age is actually better than discovering these fee structures decades later with much larger amounts at stake. It's still painful, but at least now I know what questions to ask and red flags to watch for. Your suggestion about redirecting the $23K into low-cost index funds or maxing out tax-advantaged accounts makes perfect sense. I've been hesitant to do anything with the money because I'm worried about making another expensive mistake, but simple, transparent, low-fee investments are clearly the way to go. Thanks for helping me see this as education rather than just a financial disaster!
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Emma Davis
I'm really sorry to hear about your $5K loss - that's such a frustrating situation, especially after being disciplined about contributing for so many years. Unfortunately, the other commenters are correct that you can't deduct annuity surrender losses under current tax law. The Tax Cuts and Jobs Act suspended the miscellaneous itemized deductions that would have previously allowed this type of loss (subject to the 2% AGI floor) through 2025. While this doesn't help with your immediate tax situation, I'd recommend using this experience as motivation to review your overall investment strategy. That $23K you received back could work much harder for you in low-cost index funds or by maxing out your 401(k)/IRA contributions. At least with traditional investments, any future losses could potentially be used for tax-loss harvesting. Also, definitely keep all your surrender paperwork - the contract, payment records, and surrender statement. Tax laws do change, and if miscellaneous itemized deductions are restored after 2025, having complete documentation could be valuable. I know it's little consolation right now, but learning about investment fees and surrender charges at your age, while painful, is actually better than many people who don't discover these costly structures until they're closer to retirement with much larger amounts at stake. Consider it expensive but valuable financial education that will serve you well going forward.
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