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How Does a 1035 Exchange Work?

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Couple considers a 1035 exchange

A 1035 exchange can be a complex process, but it essentially involves transferring the cash value of one insurance policy to another policy without incurring tax consequences. This can be particularly useful for those looking to upgrade their insurance coverage or change their investment strategy. Planning a 1035 exchange could be difficult, though, so be sure to pay close attention to the details.

Do you have questions about tax maneuvers like this one? Speak with a financial advisor today.

What Is a 1035 Exchange?

A 1035 exchange, also known as like-kind exchange, is a legal way to swap one insurance policy, annuity, endowment or long-term care product of like kind without triggering tax on any investment gains associated with the original contract. The IRS allows these exchanges under Section 1035 of the Internal Revenue Code. These exchanges are tax deferments, which are distinct from tax deductions and credits.

That doesn’t mean the exchange is completely tax-free, however. If annuity payments are taxable, then the tax is simply deferred until you begin receiving payments from it. A 1035 exchange can be a useful tax loophole if you want to use an annuity or life insurance policy to plan your estate but decide at some point that the one you have no longer fits your needs.

How a 1035 Exchange Works

A 1035 exchange may sound complicated, but it’s actually a simple way to make sure that you have the right annuity or life insurance product that fits your needs.

Essentially, if you have an annuity or life insurance policy or endowment policy you would replace either one with a new annuity contract, insurance or endowment policy, respectively. In the case of an annuity, the annuitant or person receiving payments from the annuity (which would be you) must remain the same. With a life insurance exchange, you would still be the covered person but you could change the beneficiary on the policy.

When you make the exchange, no taxes are incurred on any investment gains associated with swapping out one contract for another. But there are a couple of rules the IRS requires you to follow:

  • When a 1035 exchange involves life insurance, you must make an even trade in swapping out your old policy for a new one. You can’t cash out the old policy and use the money to buy a new one.
  • 1035 exchanges can only go certain ways. For example, you can exchange life insurance for life insurance or life insurance for a non-qualified annuity. But you can’t exchange a non-qualified annuity for a life insurance policy. Also, life insurance policies and non-qualified annuities may be exchanged for traditional and hybrid qualified long-term care products.

If you were to surrender a life insurance policy without going through a 1035 exchange to replace it with a new policy or an annuity, any gains associated with your original contract would be considered ordinary income. This is something to keep in mind if you have a permanent life insurance policy that allows you to build cash value through investments.

It’s also important to remember that any other exchanges of life insurance, annuities or endowments that don’t fit the IRS rules above would not enjoy tax-advantaged status.

Benefits of Using a 1035 Exchange

Paper umbrella over a paper house and family

The primary advantage of using a 1035 exchange to change your life insurance policy or annuity choices is to avoid triggering taxes on those transactions. There are different scenarios where exchanging policies or annuity contracts might make sense. For example, you may want to do a 1035 exchange if:

  • You need more life insurance coverage than you currently have
  • You want to change the type of life insurance policy you have
  • You’re looking for an annuity contract with lower fees
  • You want to restructure your annuity payments
  • You need a completely different type of annuity

As long as you’re exchanging contracts within the guidelines set by the IRS you wouldn’t have to worry about those events being taxable to you. You may, however, still have to pay a surrender charge to trade one annuity contract or life insurance policy for another.

Surrender charges are essentially a penalty for canceling your contract with the insurance company or annuity provider. These fees vary in terms of how much they are and when you’ll have to pay them. They can be charged as a flat fee or as a percentage of the amount paid into the contract.

It’s possible that your life insurance company or annuity provider may waive any surrender charges if you’re exchanging policies or contracts with the same company. But if you’re moving your policy or contract to a brand-new company, you may have to factor in the surrender cost as part of the process.

What to Consider Before Doing a 1035 Exchange

If you’re thinking of exchanging one life insurance policy or annuity for another, be sure to look at the bigger picture and how it may impact your financial plan.

For example, with a life insurance exchange ask yourself these questions:

  • Will my current health status affect my ability to qualify for a new policy?
  • What’s the waiting period for the new policy before death benefits can be paid?
  • Is it possible that my premiums will increase based on age or health?
  • Are there any outstanding loans on the policy that would need to be repaid before an exchange can be made?
  • Will a new policy offer a better death benefit or additional features, such as accelerated death benefit or long-term care riders?

With an annuity, the questions you might ask are a little different. For instance, you should ask things like:

  • Would a new annuity be more cost-friendly in terms of lower fees?
  • Will the structure of my annuity payments change?
  • Does a new annuity offer the potential for better investment returns?
  • Does an annuity still fit my estate and retirement planning needs?
  • Will I pay a surrender fee to exchange annuities?

Remember, when exchanging life insurance or annuity you have to remain the owner of the policy or contract. If the ownership of either one changes, then the 1035 exchange tax rules no longer apply.

Bottom Line

Mother and daughter

A 1035 exchange can be a useful tax rule to know about if you have an annuity, life insurance policy, endowment or long-term care product. The 1035 rule lets you exchange one of these for another of like kind without triggering taxes on any investment gains associated with the original contract. Whether it makes sense financially can depend on the other details of your estate plan and retirement strategy. But knowing that this is an option is important if you find that your life insurance policy or annuity no longer aligns with what you need.

Retirement Planning Tips

  • Consider talking to a financial advisor about the tax implications of a 1035 exchange or other tax moves. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
  • When comparing annuities, take time to look at the details. That includes not only the annuity’s terms and costs but the quality of the company that’s issuing the annuity. If a company isn’t financially healthy, it’s possible that they may not be able to make your annuity payments when the time comes.

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