Do I have to pay taxes on my Annuity distribution if I rollover into another retirement account?
I'm in my mid-30s and feeling kinda stuck with an annuity I purchased several years ago that's just not working for me. Looking to switch to something with actual growth potential in the market. Here's my situation: - I've got this annuity that's been underperforming, and I want to move the money - If I take a distribution normally, I understand I'd get hit with a 10% federal penalty plus regular income tax around 22% - But both the annuity and the target retirement account are pre-tax accounts - From what I've read, I think I can take the annuity distribution (still have to eat the 8% surrender fee from the provider), but if I deposit it into another qualified retirement account within 60 days, I might avoid the federal penalty and taxes I've heard this is technically a "rollover" but not sure if annuities qualify the same way as 401ks or IRAs for this treatment. Really trying to escape this financial mistake before I lose more in opportunity costs over the years. Any advice from people who've done this or know the tax implications would be super helpful!
24 comments


Abigail Spencer
Yes, what you're describing is a 60-day indirect rollover, and it can work with annuities in certain situations. Since both accounts are pre-tax qualified accounts, you should be able to avoid the 10% early withdrawal penalty and immediate taxation, assuming you follow the rules exactly. The most important things to watch out for: - The 60-day window is strict - even one day late and the entire amount becomes taxable plus penalties - Make sure your annuity is actually qualified for this type of rollover (most tax-deferred annuities are, but check with your provider) - The financial institution will likely withhold 20% for taxes automatically, which means you'll need to make up that 20% from other funds to complete a full rollover - You can only do one indirect rollover per 12-month period across all your IRA accounts A direct trustee-to-trustee transfer would be safer if that's an option - where you never touch the money and it goes directly between institutions. This avoids the withholding issue completely.
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Logan Chiang
•Wait - so even if they do the rollover correctly within 60 days, the annuity company will still withhold 20%? And they have to come up with that extra money from somewhere else? What happens if they can't make up the difference?
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Abigail Spencer
•Yes, the annuity company is typically required to withhold 20% for federal taxes on distributions unless it's a direct trustee-to-trustee transfer. If you can't make up that 20% from other funds, then only the amount you actually roll over would be protected from taxes and penalties. The 20% that was withheld would be treated as a distribution and subject to taxes and possibly the 10% early withdrawal penalty. For example, if your annuity value is $50,000, the company will send you $40,000 (after 20% withholding). If you only roll over that $40,000, you'll pay taxes and penalties on the $10,000 that wasn't rolled over. To avoid this, you'd need to deposit the $40,000 plus an additional $10,000 from other sources into your new retirement account. You'll eventually get credit for the $10,000 withholding when you file your tax return, but it doesn't help with the immediate rollover requirement.
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Isla Fischer
I was in a similar situation last year with an annuity I bought in my early 30s. After researching for hours and getting nowhere, I found this tool called taxr.ai (https://taxr.ai) that analyzed my annuity contract and explained exactly how to do the rollover without getting hit with penalties. It saved me because my situation was complicated - partial surrender with multiple contribution sources. The tax document analyzer showed me exactly which parts were eligible for the rollover treatment and which weren't. Turns out about 15% of my money would have been taxable regardless because of how my annuity was structured, which my financial advisor never mentioned.
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Miles Hammonds
•Does that thing really work? I've got a whole mess of retirement accounts including an old annuity from a job I had 10 years ago. Can it figure out if I can consolidate everything without getting slammed with taxes?
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Ruby Blake
•I'm skeptical about these online tools. How does it actually have access to IRS rules that you can't just google? Seems like you'd still need to confirm everything with a tax professional anyway.
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Isla Fischer
•The tool actually works by analyzing your specific tax documents and contract terms. For retirement accounts, you upload your statements and it identifies the tax treatment based on contribution history, account type, and applicable regulations. It's much more specific than general Google results. For consolidating multiple accounts, it absolutely can help. It shows which accounts can be combined without tax consequences and which ones might trigger taxes based on their specific characteristics. I was able to consolidate three different accounts using the guidance it provided. It's not about having secret IRS rules - it's about applying the correct rules to your specific situation based on the actual documentation. While getting a professional opinion is always smart for complex situations, this gives you a solid starting point and highlights issues you might not know to ask about.
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Miles Hammonds
Just wanted to update after trying taxr.ai based on the recommendation here. It was honestly exactly what I needed! Uploaded my annuity statements and retirement account docs, and it spelled out that my annuity was actually a non-qualified one (which I had no idea about) and showed exactly what portion would be taxable if I moved it. Turns out I could do a partial 1035 exchange for about 70% of it directly to another company without triggering taxes, but would have to pay on the earnings portion no matter what. Saved me from making a potentially expensive mistake trying to roll the whole thing over. The breakdown of surrender charges vs. tax implications made the decision pretty clear.
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Micah Franklin
After reading this thread, I feel your pain about the annuity situation. When I was trying to get info about a similar rollover last year, I spent literally DAYS trying to get through to the IRS to confirm the tax treatment. Always busy signals or 2+ hour wait times, then disconnects. Finally used a service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in about 15 minutes. They have this system that navigates the phone tree and waits on hold for you, then calls when an agent is available. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent was able to confirm that my specific type of annuity qualified for the rollover treatment and explained exactly what forms I needed for tax filing to show I did everything correctly. Definitely worth it for complex tax situations where you need official guidance.
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Ella Harper
•How does this actually work though? I don't understand how they're able to get through when nobody else can. Is this even legit or allowed?
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PrinceJoe
•Sounds like BS to me. The IRS phone system is deliberately designed to be impossible. I tried calling 27 times last tax season and never got through. There's no magic solution or they'd be billionaires.
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Micah Franklin
•It works through an automated system that continually redials and navigates the IRS phone tree until it secures a place in line. Once you're in queue, it holds your place until an agent is available, then connects you. It's completely legitimate - they're not bypassing any systems, just automating the tedious parts of the process. The reason it works when individual calling doesn't is simply persistence and volume. Their system can keep trying different approaches and timing continuously, where a human would give up. It's similar to having an assistant keep redialing for you all day. There's definitely no guarantee on exact timing - sometimes it's 15 minutes, sometimes longer depending on IRS call volume. But it's a night and day difference from trying to call yourself. And it's absolutely legal - you're still speaking directly with the IRS, they're just helping you get connected.
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PrinceJoe
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway out of desperation because I needed to ask about penalties for my situation. It actually got me through to an IRS agent in about 30 minutes (not quite the 15 minutes advertised, but WAY better than my previous attempts). The agent confirmed I could do a partial rollover of my annuity without penalties, as long as I identified the right parts as return of principal vs earnings. Saved me about $4,200 in penalty fees I was about to pay unnecessarily. Sometimes being wrong feels pretty good!
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Brooklyn Knight
Something nobody's mentioned yet - make sure you check if your annuity has any "income riders" or guaranteed minimum benefits that you'd be giving up. I almost rolled mine over before realizing I had a 7% guaranteed growth rider that was actually worth keeping despite the higher fees. Run the numbers both ways - sometimes the guaranteed income floor can be worth more than potential market growth, especially if you're getting closer to retirement age. Not all annuities are bad deals, just depends on your specific contract and retirement timeline.
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Anita George
•That's a really good point I hadn't considered. Mine does have some kind of guaranteed minimum return, though it's only 3%. I'll definitely look into the full details of what I'd be giving up. How do you accurately compare the guaranteed return versus potential market returns when making this decision?
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Brooklyn Knight
•For comparing guaranteed returns versus market potential, I created a simple spreadsheet with two scenarios. In the first column, I projected the annuity value with the guaranteed rate (in your case 3%) year by year until your planned retirement age. In the second column, I modeled potential market returns using conservative growth estimates (I used 7% average with some down years mixed in). The key is accounting for all fees in both scenarios. For the market investment, include expense ratios and any account fees. Then factor in your risk tolerance - a guaranteed 3% might actually outperform the market during downturns or extended flat periods. Also consider your overall portfolio balance. If most of your retirement is already in market-based investments, having a portion in guaranteed returns provides valuable diversification, especially as you get closer to needing the money.
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Owen Devar
Dont forget state taxes too!!!1! Depending what state ur in u might owe state tax even if u avoid federal. I did a rollover in NJ and still had to pay 3% to the state even tho I avoided federal tax. Check ur state rules!!!
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Daniel Rivera
•This is really state-specific though. I did an annuity rollover in Texas last year and there was no state tax since TX doesn't have income tax. But good point for people in states with income tax!
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Owen Devar
•Your right about it being state specific! I shouldve been more clear. States like TX, FL, WY, etc with no income tax wont have this issue. But many states have weird rules that dont perfectly match federal treatment. My buddy in CA did a rollover and thought he was good but ended up with a surprise state tax bill!
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Henry Delgado
This is really helpful advice everyone! I'm definitely going to look into the direct trustee-to-trustee transfer option first since that seems like the safest route to avoid the 20% withholding issue. One question - does anyone know if there are restrictions on what type of retirement account I can roll the annuity into? Like, can I move it into a Roth IRA if I'm willing to pay the taxes now, or does it have to stay in a traditional pre-tax account? I'm wondering if this might actually be a good opportunity to do a Roth conversion while I'm in a relatively lower tax bracket in my 30s. Also going to check out that taxr.ai tool to make sure I understand exactly what I'm dealing with before making any moves. Really don't want to mess this up!
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Jeremiah Brown
•Great question about the Roth conversion! Yes, you can absolutely roll your traditional annuity into a Roth IRA, but you'll have to pay income tax on the entire amount in the year you convert. The good news is there's no 10% early withdrawal penalty for conversions, even if you're under 59½. A few things to consider for the Roth route: - You'll need cash available to pay the taxes (don't use money from the conversion itself to pay taxes or that portion becomes a taxable distribution) - It might push you into a higher tax bracket for that year, so run the numbers carefully - Once converted, the money grows tax-free forever, which is huge at your age - You can access your Roth contributions penalty-free anytime, though earnings have to wait until 59½ The direct trustee-to-trustee transfer works the same way for Roth conversions - the annuity company sends the money directly to your Roth IRA custodian, you just pay the taxes when you file. Much cleaner than the 60-day rollover route. Given your age and current tax bracket, a Roth conversion could be really smart long-term, especially if you expect to be in higher brackets later in your career.
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Raul Neal
Before you make any moves, I'd strongly recommend getting a clear understanding of your annuity's surrender schedule. That 8% surrender fee you mentioned could vary significantly depending on how long you've held the contract and what year you're in. Some annuities have declining surrender charges that drop each year, so waiting even 6-12 months might save you thousands. Others have "free withdrawal" provisions that let you take out 10-15% annually without surrender charges - you could potentially do partial rollovers over a few years to minimize fees. Also, double-check if your annuity qualifies for any exceptions to surrender charges, like financial hardship or unemployment. Some contracts have escape clauses that aren't well-publicized. The tax-free rollover strategy everyone's discussing is solid, but make sure the math still works after factoring in those surrender fees. Sometimes it's worth staying put a bit longer if the charges are going to drop significantly.
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Miguel Hernández
•This is excellent advice about checking the surrender schedule! I just pulled out my original annuity contract and you're absolutely right - the surrender charges do decline each year. I'm currently in year 4 of a 7-year surrender period, so I'm at 8% now but it drops to 6% next year and 4% the year after that. The partial withdrawal option is interesting too - I need to look more carefully at my contract to see if I have that 10-15% annual free withdrawal provision. If I do, spreading this out over a couple years might make way more sense than taking the big surrender charge hit all at once. Thanks for pointing out the hardship exceptions too. I hadn't even thought to look for those, though I don't think my situation would qualify. But it's good to know they exist for others who might be in tougher spots. Definitely going to run the numbers on waiting versus moving now. The opportunity cost of staying in this underperforming annuity versus the surrender fees is exactly the kind of analysis I need to do before making this decision.
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Elliott luviBorBatman
Just want to add one more consideration that's helped me with similar decisions - don't forget to factor in the "lost time" cost of staying in the underperforming annuity. Even if waiting a year saves you 2% in surrender charges, if your annuity is earning 2-3% while the market could potentially earn 7-10%, you might actually lose more money by waiting. I created a simple break-even analysis when I was in a similar spot: I calculated how much the surrender charge savings would be versus the potential opportunity cost of keeping money in the low-performing investment for another year. In my case, even with a 6% surrender charge, moving the money immediately to index funds came out ahead over any timeline longer than 18 months. Of course, this assumes market performance, which isn't guaranteed. But at your age, you have decades for compound growth to work in your favor. Sometimes paying the exit fee is worth it just to stop the bleeding and get your money working harder for your future. The partial withdrawal strategy Miguel mentioned is definitely worth exploring though - best of both worlds if your contract allows it!
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