Evaluating Your Annuity
Determine whether or
not your annuity is transferable.
If your annuity is not transferable, then you cannot sell it
under any circumstances. Check your contract to see if it is transferable. If
you are trying to get immediate funds, list your nontransferable annuity as an
asset or form of income and apply for a bank loan.
Determine if your
annuity is a structured settlement.
Check your contract or consult your accountant to learn
about the laws in your state. Most states have laws that protect people trying
to sell their structured annuity. If your state has a Structured Settlement
Protection Act, your transaction will have to be approved by a state court. The Periodic Payment Settlement Act protects claimants, who received a cash sum
as a result of personal injury and wrongful death lawsuits, from quickly
depleting their assets, and turning to public assistance to meet their
needs.
Don’t try to sell a structured annuity by yourself,
especially if you are living in a state that does not have a structured annuity
protection law. Talk to a trusted broker and attorney before you proceed.
Evaluate your
annuity.
Before you shop around for annuity buyers, find out what the
resale value of your annuity is. Hire an accountant if you are unclear on the
details of your investment and its relative worth. Keep in mind that selling
your annuity always result in your receiving a lower amount of money from your
annuity. You will get a lump-sum payment that is adjusted with a discount rate,
meaning that you'll get about 8 to 14 percent less than you would if you waited
for the payments
Understand the tax
implications of selling your annuity.
All annuities offer tax-deferral from the time of your
initial investment. Your distributions, however, are taxable. This means that
your annuity grows tax-free in the accumulation phase, but is taxed as
distributions are made to you. These payments are taxed as ordinary income.
Gains made by selling your annuity before it matures are
taxable as ordinary income. However, losses on the sale are not tax-deductible
as investment losses.
If you withdraw from an annuity before age 59.5, you are
also charged a 10% tax penalty. However, exceptions are made in various cases,
such as the death or disability of the annuity holder.
You can also trade your annuity for another qualified
annuity contract without paying taxes on the first annuity. These
"1035" exchanges can be tricky, so check with a tax accountant or
investment adviser before proceeding
Deciding
What Kind of Sale to Make
Decide what type of
funding you are trying to get from your sale. Investigate the various ways annuity buyouts
are made. Remember that no matter what kind of deal you make, the buyer will
get the better deal in the long term. You will likely be offered anywhere from
60% to 85% of the value of your annuity. With this in mind, consider
alternatives to selling your annuity.
If
you are just selling your annuity to free up some cash, taking out a loan might
better serve your purposes.
Consider selling as a
straight purchase. If you sell as a straight purchase, the buyer will give you
one lump-sum payment for your annuity. You will not go on to collect future
payments. Choose to sell as a straight purchase if you are trying to get the largest
immediate sum possible, or if you have determined that your annuity is not
serving its purpose.
If
you sell an annuity contract, you will have to pay ordinary income tax on your
annuity's earnings.
Consider selling as a
partial purchase. In this case, the buyer purchases your immediate annuity
payments for a set period. At the end of that time, you once again collect your
annuity payments as scheduled. Consider this option if you have a temporary
shortage of cash, but would like to continue investing in your retirement.
Consider selling as a
reverse purchase. Sell several years of your annuity. For example, if you are
now receiving $1,000 per month for the next 15 years, sell your payments from
years 5 through 10 only. You will get a lump sum for those years, but still
receive your current payments up through year 4. You will then receive no
monthly payments in years 5 through 10, but they will resume in years 11
through 15.
Know
that this will result in a lower overall payout from your annuity. You will get
the money for the sold years up front, but it will be lower than the total
value of the payments from those years.
You
also need to be sure of the value of the future payments before any deals are
made.
This
might be a good option if you need money now, but know you will be able to
support yourself during an upcoming time period.
Consider selling as
split purchases. If your buyer makes a split purchase, they will receive part
of your monthly payment. If you only need $500 a month and your annuity payment
is $1,000, sell half your annuity; you will get an immediate lump sum for the
half you don't need, and continue to receive monthly payments of $500.
Even
though you've only sold half the annuity, you will still pay ordinary income
taxes on the deferred earnings and any gains made on the sale.
Making
the Sale
Search for potential
annuity buyers. Try to obtain offers from at least five companies before you
choose. Ask your insurance agent for recommendations. Search online for
reputable companies. When you find companies online, use their quote form to
get a free quote from them. A quote is not necessarily the amount you would
receive, and it may not include the fee that may be deducted when a settlement
is reached.
When
you fill out the free quote form, give them only the standard information. Your
name, email address and the name of your annuity should be the only information
they ask for.
Do
not give your social security number, bank information, or pay any fees to
obtain a free quote.
Give
yourself as much time as you can to make the sale. A rushed sale is less likely
to get you a good deal.
Hire a broker.
If
you are having trouble finding potential buyers, or if you can't find the price
you think is reasonable, hire a broker. You’ll have to pay a brokerage fee, but
you may stand to gain from the expertise of the broker's negotiations. Choose
your broker carefully. Check their certifications to ensure that they are
licensed to negotiate the sort of sale you want to make.
Ask
the broker you want to hire for a quote. If they quote you a percentage,
calculate it before you agree.
Look
up the name of a broker you haven't worked with before. Any violations or
complaints they have might be online.
Pick the best offer. Getting an offer of
about 80% of the value of your annuity would be considered a good deal. Do not
take a deal in which your buyer expects you to pay fees out of pocket before a
settlement is agreed upon. Once you have finalized your agreement, all agreed
upon court costs, legal fees and commissions should be deducted from the final
settlement.
Gather
your paperwork. To sell your annuity, you will need copies of your original
annuity application and your annuity policy. If you are already collecting on
your annuity, you will need your most recent disbursement check and tax return.
If you have a settlement agreement, you will need a copy of that. Bring your
valid government issued id, such as a passport or driver's license, and a
written declaration that you are selling your annuity of your own free will.
Gather
any other documentation your buyer requires, such as a copy of a court judgment
for a structured annuity, or copies of any release agreements.