Private Annuity Trust, Ensured Installment Sale (Structured Sale)

Warning: As of October 18, 2006 Private Annuity Trusts (PAT) are no longer recognized by the Internal Revenue Service (IRS) as legal means for managing assets tax deferred! The Private Annuity Trust has been replaced with The Ensured Installment Sale (Structured Sale), which will be discussed later. The following information applies only to Annuity agreements funded prior to October 18, 2006, which are still honored by the IRS.

PRIVATE ANNUITY TRUST: WHAT IS IT?

A Private Annuity Trust works very similar to an Immediate Annuity, although you will use assets other than money to fund this Annuity. Typically, you transfer ownership of a home or land with high value to a Trust. The Trust agrees to make lifetime payments to you, and can then sell the asset you gave them and use the money to fund this Annuity agreement through investments.

You cannot use other retirement funds such as a 401k to fund a Private Annuity Trust, but you can add multiple properties to increase your tax break and Annuity payment. If you decide to add an additional property to your Private Annuity Trust you must create a new Annuity agreement for each property, unless your original agreement contained a provision to include additional assets at a later date.

Each new agreement will have a different deferral period which creates an added benefit to you by providing both immediate and long term income. The withdrawal period from a Private Annuity Trust must begin by age 70 ?, but you can always choose to receive payments sooner.

When structuring a Private Annuity Trust, you must name a Trustee who will be responsible for controlling the investments of your assets in the Private Annuity Trust. The Trustee can be an adult child, relative, close friend, attorney, or anyone else other than you or your spouse. By law, the annuitant is not allowed to have any direct control over the investments of their Annuity. You may make council to the Trustee but cannot have any direct contact with the assets once they are transferred into the Private Annuity Trust, and your transfer of ownership is irrevocable.

ASSETS TRANSFERRED TO A PRIVATE ANNUITY TRUST: HOW TO ESTIMATE THE ANNUITY PAYMENTS

It is fairly easy to estimate what your Annuity payments will be for the asset transferred into a Private Annuity Trust. The IRS uses the following factors to determine your payment:

1. Your life expectancy

2. The selling price of your asset

3. The Annual Federal Mid-Term Rate (AFMR) effective when your property was transferred (this rate will be the rate used for the duration of your Annuity)

4. The length of time you defer payments

Using these factors, the amount you will receive from an Annuity is a fixed amount and you cannot start and stop payments from a Private Annuity Trust. Once the withdrawal period begins you will continue to receive payments for life.

The ?life expectancy? factor is only used by the IRS to help determine what your payments should be and is not to be confused with a payment ?cutoff? age. If you live beyond what the IRS factored as your life expectancy, you will continue to receive payments for life.

JOINT ANNUITY FOR SPOUSE TO RECEIVE PAYMENTS

Owning a joint annuity will allow your spouse to continue receiving Annuity payments should you die first. After your spouse dies, payments will cease and your beneficiaries will inherit any surplus money remaining in your Private Annuity Trust created by wise investment options of the Trust?s reserve.

By law there must be enough money set aside for the Trust to fulfill its Annuity agreement with you, and there will usually be a reserve account established of five to ten percent of your asset?s value as a safety precaution. Remember, your Annuity payment is fixed and will not increase regardless of profit your assets create via the Private Annuity Trust.

NO ESTATE TAX, INCOME TAX OR GIFT TAX ON PRIVATE ANNUITY TRUST TRANSFER

When you establish a Private Annuity Trust, you are not subject to estate, income, or gift taxes. The transfer of ownership of an asset to a Trust is ?paid for? by the Annuity agreement. The IRS cannot accurately determine your life expectancy, and therefore cannot determine how many payments you will actually receive.

Taxes will be deferred on the transfer until you start receiving payments, and a portion of your payment will be taxed based on your income amount. The transfer of ownership involving your assets is not considered a gift to the Trust because they are agreeing to pay you for the asset at a later date, and as a result you will not have to pay a gift tax.

Once your asset is transferred to the Trust, it is removed from your taxable estate. This is of particular benefit to your beneficiaries who will not be held responsible for paying estate taxes when they receive excess funds from your Annuity. After your death it is the responsibility of the Trust to cover any unpaid taxes due on the assets.

ENSURED INSTALLMENT SALE (STRUCTURED SALE)

The Ensured Installment Sale was developed by the Allstate Insurance Company in 2005 and works in a similar manner to the Private Annuity Trust. The major difference between the two is that when you sell your assets, the Annuity is purchased directly from an insurance company. The insurance company, and not the Trustee for a Private Annuity Trust, is responsible for making investment decisions and ensuring you receive Annuity payments for life.

Author bio - Rocco Beatrice, CPA, MST, MBA
Award-winning estate planning & trust expert
MS - Taxation, Master of Science Taxation
MBA - Management / Taxation
BSBA - Management / Accounting
CPA - Certified Public Accountant
-----
Irrevocable Trust Asset Protection, Medicaid Asset Protection
Charitable Gift Annuity
71 Commercial Street #150, Boston, MA 02109
tel: +1.508.429.0011 fax: +1.508.429.3034

Tax Sheltered Annuity TSA 403b - What is It?

Tax-Sheltered Annuity (TSA), also known as a 403(b), is an alternative retirement savings plan. Not everyone can participate in this plan, and it is restricted to those who are employed by educational, cultural, or non-profit organizations such as religious groups (also known as 501 (c)(3) organizations).

TAX-SHELTERED ANNUITY BENEFITS

Contributions to a Tax-Sheltered Annuity are done through a payroll deduction and are therefore taken out pre-tax. This feature of a Tax-Sheltered Annuity is very beneficial since your contributions are not seen as income and you may pay less federal tax at the end of the year. A Tax-Sheltered Annuity is also tax deferred during the accumulation phase. This means you will not pay any taxes on the amount you contribute or the interest earned until you begin the withdrawal phase.

If your plan allows, you may elect to contribute post-tax money to your Tax-Sheltered Annuity by using your paycheck. Any money you contribute post-tax must be declared on your income tax return and is not subject to the tax-deferred exemption. When selecting a Tax-Sheltered Annuity you may choose between fixed and variable, or a combination of the two.

It is possible to take loans from your Tax-Sheltered Annuity, but these loans are limited to the lesser of $50,000 or fifty percent of your vested amount. Another feature of a Tax-Sheltered Annuity is the ability to rollover funds into other investment options. For example, it is possible to use your 403(b) to fund your 401(k), Individual Retirement Account (IRA), or another 403(b).

It is important to check any contribution limits or rules established by the new plan administrator before committing to a rollover. If you die before receiving payments, your beneficiaries are entitled to similar options using your Tax-Sheltered Annuity. A spouse is entitled to all of the aforementioned options, while a non-spouse is prohibited from using your annuity money to fund an IRA. A non-spouse beneficiary is only able to transfer funds from one 403(b) to another.

CONTRIBUTION LIMITS OF A TAX-SHELTERED ANNUITY

Unlike a regular deferred annuity, there are maximum contribution limits determined by the Internal Revenue Service (IRS) for each year. Beginning in 2006 the maximum personal (elective) contribution limit was increased to $15,000 per year, up from $14,000 in 2005. Also in 2006, your employer (non-elective) may choose to contribute to your Tax-Sheltered Annuity with a combined maximum contribution limit of $ 44,000.

You may be able to contribute up to $5000 more per year if you are age 50 or older and an additional $3000 per year if you have been with the same company for more than fifteen years. Failure to comply with these contribution limits can result in additional taxes and penalties for both the employee and contributing employer.

TAX PENALTIES OF TAX-SHELTERED ANNUITY AND AGE REGULATIONS

As with the deferred annuity, a Tax-Sheltered Annuity is used to supplement retirement income. If you decide to withdraw money prior to age 59 ? you will be subject to a ten percent penalty by the IRS in addition to the standard income tax. There are a few exceptions to paying this penalty, although specific criteria must be met.

If you leave the service, encounter extreme and immediate financial hardship, or become disabled you can avoid paying the ten percent penalty. Although the ten percent penalty is not enforced in these cases, you are still responsible for paying income tax on the money you withdraw. You must begin taking minimum payments from your Tax-Sheltered Annuity in either the same year as your retire or by age 70 ?, whichever comes first.

Failure to do so will result in a fifty percent excise tax on the money you should be receiving. The only exception to this age restriction pertains to all contributions made to a Tax-Sheltered Annuity prior to January 1, 1987. Anyone who paid into a Tax-Sheltered Annuity before this date is allowed to defer withdrawal until age 75. If you die before the withdrawal period your beneficiaries may receive payouts from your Tax-Sheltered Annuity without paying the ten percent penalty, but they are still responsible for the income taxes.

Regulations on tax compliance change every few years to accommodate inflation rates, and it is important to familiarize yourself with these changes to avoid penalties from the IRS. Helpful resources including articles, worksheets, and an updated FAQ page can be located at www.irs.gov and search for keywords "tax sheltered annuity."

Author bio - Rocco Beatrice, CPA, MST, MBA
Award-winning estate planning & trust expert
MS - Taxation, Master of Science Taxation
MBA - Management / Taxation
BSBA - Management / Accounting
CPA - Certified Public Accountant
-----
Irrevocable Trust Asset Protection, Offshore Asset Protection
Charitable Gift Annuity
71 Commercial Street #150, Boston, MA 02109
tel: +1.508.429.0011 fax: +1.508.429.3034

The Variable Annuity and Retirement Planning

Over the years, there has been much debate on why an annuity should not be used for retirement planning. However, we will save that debate for another day. The annuity got its first big break in the retirement business when TIAA-CREF introduced the variable plan in 1952. Today, the variable annuity is used in many other forms, including the 403B, 457, and the traditional, Roth, Simple, and Sep-IRA. We will discuss some of the features and benefits of the annuity. Earnings inside the variable annuity grow on a tax-deferred basis and are subject to a 10% early withdraw penalty before age 59 1/2, except with a few exceptions including: separation from your job at age 55 or older, when money is used to pay medical bills exceeding 7.5 % of your Adjusted Gross Income in a given year, etc. Also, the variable annuity generally has a death benefit. Usually, the annuity's death benefit will pay the named beneficiary the greater of the premiums paid into the account minus any withdraws or the current account balance. For example: if you invest $100,000 in a variable annuity and upon your death, your account balance is only worth $30,000, your beneficiary will receive $100,000 minus expenses and withdraws, but taxes may be due at that time (this applies only to annuities with this specific death benefit). The variable annuity usually has several separate accounts. One of the advantages of the variable annuity is the chance for diversification, in spite of limited dollars. If a person has only $3000 to invest in a Roth IRA and wants a portfolio to match their risk tolerance, this can generally be attained in a variable annuity. The separate accounts in a variable annuity represent large, small, mid-cap, international investments, bonds, or indexes like the S& P 500 or the Russell 2000.?Often a person would have to pay a $1000 to a mutual fund company, in order to have the same offering of diversification. You can usually switch between fund families in a variable annuity without paying another sales charge, unlike some mutual funds. While everyone might not need a variable annuity for retirement, some people enjoy its features. The death benefit of some of these annuities allow some individuals to leave an inheritance without the worry of market loss. However, be mindful that a variable annuity is subject to retirement rules and regulations, just as one's IRA or 401K at work. *Disclaimer: This article does not constitute financial advice. Always consult a tax advisor or financial advisor when making investment decisions.?

Mr. Jason Cunningham is the author of many articles at Financial-Shopper-Network.Com and Financial Shopper Network Blog

Can Your Annuity Do This?

Many people buy annuities according to their agent's recommendations. However, many people do not even know what they own. It is a good idea to take inventory of your investments, and particularly your annuity. It is important to understand what your annuity can and cannot do and what features it has. Here are some of the things you definitely must be sure to know about your annuity:

1. What interest rates are you currently getting?
2. Are the interest rates getting worse?
3. What is the rating of your insurance company? (Critical)
4. What are your surrender charges?
5. Is your principal ever at risk?
6. What retirement & income options does your annuity have?
7. Is your annuity Medicaid Friendly?
8. Did you properly designate your beneficiary annuitant and even ownership of your annuity?9. How safe is your annuity?
10. Is your annuity subject to double taxation?
12. What is your minimum guarantee?
13. Are you eligible for a 1035 exchange?
14. What happens in the event of your death? Are your beneficiaries entitled to all of the money or are there penalties?

This is a good beginning inventory list. These questions are important in assuring you are doing what is right for you. As we said before, the best annuity is the one that is best for YOU. And by taking inventory of what you own, you can now assess it against your own goals and make sure there is a match. By the way, this is a good process to go through periodically. As you know, your needs change over time. And as they change, you must make sure your investments are always in line with your goals. If they are, great. If they aren't, well, change your goals---or change your investments! But make sure there is a match.

Hopefully this helps. And remember, it's not what you know; it's what you do with what you know. If this makes sense, then pull your annuities out and take inventory. There is no better time than the present.

Ignorance is not bliss...
Tony Bahu is the author of the controversial document, 'Annuities: The Shocking Truths Revealed', which reveals the secrets that the banks and insurance companies don't want you to know. For more information on his document, visit www.annuitymd.com