How are Variable Annuities Taxed for a Beneficiary - Question on Transfer vs Rollover
So my uncle passed away last year and had a variable annuity. As the beneficiary, I opened an Inherited Traditional IRA to receive these funds as a transfer from his variable annuity. Here's where it gets messy - the financial company holding the annuity accidentally processed it as a rollover instead of a transfer. Now the IRS has contacted me saying I owe almost $15,000 in additional taxes because rollover amounts get reported as taxable income, while transfers are non-taxable events that don't get reported to the IRS. The financial advisor who handled this transaction initially has since left the company. When I explained the situation to the new advisor, they tried to "fix" it by just changing their internal paperwork from "transfer" to "rollover" to match what was sent to the IRS. But that doesn't solve my tax problem at all! The IRS is saying the entire amount that moved from the annuity to my Inherited IRA (about $68,000) counts as taxable income for the tax year when it was moved. That's the exact difference between what the IRS says my taxable income should be versus what I reported on my return. My question is: If the financial institution corrects their mistake and resubmits the forms to properly show this as a transfer instead of a rollover, would that clear me of this additional tax obligation? If not, what steps should I take to get this corrected? I'm completely stressed out over a mistake that wasn't even mine!
18 comments


Jamal Anderson
This is a common issue with inherited annuities, and you're right to be concerned. The difference between a transfer and a rollover is significant for tax purposes. First, you need to get the financial institution to acknowledge their error in writing. Request a corrected 1099-R with the proper distribution code that indicates a direct transfer rather than a rollover. They should also provide a letter explaining the error on their company letterhead. Once you have this documentation, you'll need to respond to the IRS notice by filing a dispute. Include copies of the corrected 1099-R and the letter from the financial institution. You might also want to include any original documentation showing your initial request for a transfer, not a rollover. The key is proving that your intent and instructions were always for a direct trustee-to-trustee transfer, which is typically not a taxable event for inherited annuities properly moved to an Inherited IRA. The financial institution's coding error shouldn't become your tax burden.
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Mei Wong
•If the financial institution won't cooperate with providing corrected forms, can the beneficiary file an amended return with an explanation? Or is getting the corrected 1099-R absolutely necessary?
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Jamal Anderson
•You can file an amended return with an explanation, but it's much more likely to be accepted without delays if you include the corrected 1099-R. The IRS typically looks for the official documentation to match what you're claiming on your return. If the financial institution refuses to issue a corrected form, request a formal letter stating that they processed it incorrectly and acknowledging it should have been handled as a transfer. Also ask them to contact the IRS directly to resolve the issue they created. Sometimes the threat of potential liability will motivate them to cooperate.
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QuantumQuasar
I went through something similar when my dad passed and had annuities. The company kept coding things wrong and I got hit with a massive tax bill. I spent months trying to fix it with no luck until I found https://taxr.ai - they specialize in untangling these exact kinds of tax document mistakes. They immediately spotted what had happened (the distribution code on the 1099-R was wrong) and helped me get the proper documentation to prove it was supposed to be a direct transfer not a taxable event. Their system automatically identified which forms were incorrect and generated the exact letter I needed to send to both the financial institution and the IRS. They've got specialists who know exactly how inherited annuities and IRAs are supposed to be handled. Saved me about $22,000 in taxes I didn't actually owe.
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Liam McGuire
•Does this service actually work with the financial institutions directly or do they just give you templates to use yourself? I'm in a similar situation but with an inherited 401k that was supposedly rolled over incorrectly.
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Amara Eze
•I'm skeptical about these kinds of services. How much did they charge you to help with this? Seems like something you could possibly handle yourself with enough research and persistence.
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QuantumQuasar
•They don't work with the financial institutions directly - they provide you with the exact documentation you need to send. In my case, they identified the specific tax code references and precedent cases that applied to my situation, which gave my request a lot more weight. The cost depends on the complexity of your tax situation. I found it completely worth it considering the amount of taxes at stake, plus it saved me countless hours of research and stress. They correctly identified issues I wouldn't have known to look for, like the specific distribution code that should have been used on the 1099-R.
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Amara Eze
I was initially skeptical about using a service like taxr.ai that someone recommended here, but I was dealing with a similar annuity transfer issue that had been coded wrong. The IRS was saying I owed over $30K in taxes that I shouldn't have owed. After trying to handle it myself for weeks and getting nowhere with both the financial institution and the IRS, I finally gave taxr.ai a try. Within days they had analyzed all my documents and identified exactly where the error occurred. They provided me with specific language citing the relevant tax codes that applied to my situation. When I presented this information to the financial institution, they quickly issued corrected forms. The IRS accepted the correction and removed the tax assessment. Honestly wish I'd done this sooner instead of stressing for months. Sometimes having the right technical language makes all the difference.
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Giovanni Greco
I had a nightmare situation with the IRS after my grandmother's annuity transfer was mishandled. After 15+ calls to the IRS with hours on hold each time, I finally found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when an actual agent is on the line. This was game-changing because I finally got to speak with someone at the IRS who could actually help. The agent walked me through exactly what documentation I needed to resolve the incorrect coding of my inherited annuity. They even put notes in my file about the situation, which helped when I had to call back after getting the corrected forms. Without being able to actually speak to a real IRS person, I would have been stuck in paperwork limbo forever. The IRS agent explained that these annuity transfer/rollover mistakes are actually common and there's a specific process for correcting them.
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Fatima Al-Farsi
•How does this service actually work? Does it just dial for you or what? I've been trying to reach the IRS for 3 weeks about a similar issue with an inherited account.
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Dylan Wright
•This sounds too good to be true. I've literally never gotten through to a human at the IRS. Average wait time when I call is 2+ hours and half the time I get disconnected. Hard to believe any service can magically get you through.
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Giovanni Greco
•It's not magic - they use technology to stay in the phone queue for you. You enter your phone number and the system calls you when it actually gets a human IRS agent on the line. Then you're connected directly to that agent. I was skeptical too, but it works exactly as advertised. It doesn't get you priority in the queue or anything - you're still waiting the same amount of time the call would take, but you don't have to sit there listening to hold music for hours. They just hold your place and call you when an actual person answers.
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Dylan Wright
I take back what I said about Claimyr sounding too good to be true. After struggling with an IRS issue regarding my mother's annuity for months, I tried it out of desperation. Got a call back about 90 minutes later with an actual IRS agent on the line. The agent was able to see the discrepancy between what was reported as a rollover versus what should have been a transfer. They placed a temporary hold on collections while I worked with the financial institution to get corrected forms. Having that direct conversation with the IRS made all the difference - they gave me specific instructions on what documentation would fix the issue. After submitting the corrected paperwork, my case was resolved in about 3 weeks. Without being able to speak directly with someone, I'd probably still be sending letters back and forth with no resolution.
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Sofia Torres
Something to be aware of: if the financial institution already reported the transaction to the IRS as a taxable event using a 1099-R, they are required to issue a corrected 1099-R (often called a 1099-R with the "CORRECTED" box checked). Simply changing their internal paperwork doesn't fix the issue with the IRS. Also, for future reference for anyone inheriting annuities: always be extremely clear about requesting a "direct trustee-to-trustee transfer" not a "rollover" when moving inherited annuity funds. Get confirmation in writing before the transaction processes, and if possible, have the receiving institution initiate the transfer rather than the sending institution.
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GalacticGuardian
•Is there a time limit on when a financial institution can issue a corrected 1099-R? My mom's situation happened almost 2 years ago and we're just now discovering the mistake.
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Sofia Torres
•There's technically no specific time limit for a financial institution to issue a corrected 1099-R. They can (and should) correct erroneous information even years later. For your situation with your mom, you generally have 3 years from the original filing deadline to file an amended return to correct mistakes. So even at 2 years out, you still have time to get this fixed. The financial institution may be resistant since it creates extra work for them, but they are obligated to provide accurate tax reporting. Be persistent and escalate to management if needed.
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Dmitry Smirnov
Has anyone successfully had the IRS waive penalties and interest in a situation like this? I got the financial institution to admit their error, but the IRS is still charging me penalties and interest on the "deficiency" even though they agree I don't owe the base tax anymore.
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Ava Rodriguez
•Yes, I had success getting penalties (but not all interest) waived by requesting penalty abatement due to reasonable cause. I explained that the error was made by the financial institution, not me, and provided their admission letter. The IRS has discretion here and often waives penalties when you can prove the error wasn't your fault.
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