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
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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

Annuity - Fixed, Variable, Equity-Based Annuity - Deferred, Immediate Annuity

Annuities are not a new concept, although they have become more complex over time. The first annuities were documented in America during the mid-eighteenth century by Pennsylvanian ministers, and it was not until the early twentieth century when they became available for purchase by the general public.

WHAT IS AN ANNUITY? HOW CAN YOU BENEFIT FROM AN ANNUITY?

So, what is an annuity, and how can you benefit? A simple answer is that an annuity is an agreement between you and your insurance company. Annuities can only be sold by agents specifically licensed to do so, and each insurance company is regulated by individual state insurance commissions. Your insurance agent must possess a life insurance license as well as a license from the National Association of Securities Dealers (NASD) or the Securities and Exchange Commission (SEC).

If your insurance company goes bankrupt, other licensed companies in the state are required to honor your contract. The terms of an annuity are that you will pay a sum of money to the insurer (either a lump sum or series of payments) and they will make scheduled payments to you immediately or delay payments until after a certain period of time.

Unlike your 401(k), annuities grow tax-deferred and you will not pay any taxes to the Internal Revenue Service (IRS) until you begin withdrawing funds from your annuity. Unlike other savings options through a bank which may calculate and charge yearly taxes on your interest, in a tax-deferred annuity your taxes are based only on the final accumulation of your annuity at the time of withdrawal.

ANNUITY TYPES: FIXED ANNUITY, VARIABLE ANNUITY, EQUITY-BASED ANNUITY

In addition to deciding when you will receive your money from an annuity, you can also choose between a fixed and a variable annuity. A fixed annuity guarantees a minimum interest rate while your annuity accumulates, and guarantees equal check amounts when you withdraw from the annuity.

A variable annuity allows you different investment options for your funds, with a mutual fund as the most common choice. A variable annuity offers no guarantee to payout amounts, and your income from this annuity will fluctuate depending on the investment vehicle you chose. On occasion you may be offered an equity-based annuity which determines your interest rate based on an equity index such as the S&P 500.

CHOOSING BETWEEN A DEFERRED ANNUITY AND IMMEDIATE ANNUITY PLAN

Deciding between a deferred and an immediate annuity is a matter of personal preference. If you prefer to save for a long-term goal such as retirement, and have no immediate need for the money, you should consider a deferred annuity. It is important to remember that if you choose this type of annuity there are penalties for early withdrawal. The IRS imposes a standard ten percent penalty, in addition to income tax on accrued funds, if you withdraw money before the age of 59 ?. Your insurer may also charge you surrender fees for early withdrawal.

3 METHODS FOR REQUESTING PAYMENT FOR DEFERRED ANNUITY

If you wait until retirement to withdraw money, there are three methods for requesting payment from a deferred annuity. You can:

1) Request a lump sum payment or

2) Take out money only when you need it or

3) Annuitize and receive a set dollar amount every month for as long as you live

Most people choose to annuitize because it also spreads out the required income tax payments. If you die before withdrawing from the annuity your beneficiaries are entitled to receive the balance of your annuity by these methods as well, although if they choose a lump sum they will be charged all the tax on your accrued interest at once.

IMMEDIATE ANNUITY IF CLOSE TO RETIREMENT

If you are close to retirement, or already retired, an immediate annuity is a wiser financial choice. Immediate annuities must be purchased with a lump sum since payments will usually begin within one month of purchase. When you purchase an immediate annuity you are guaranteeing a steady income for the rest of your life, or for a predetermined time period. When you receive payments from an immediate annuity you are only taxed on the earnings from your initial investment. The part of your check that is the principal is not taxable.

3 MAIN OPTIONS FOR WHEN YOU RECEIVE AN ANNUITY PAYMENT

There are three main options to choose from when receiving an annuity payment.

1) The first is Income for Life which guarantees you a set income for the duration of your life, but payments will cease upon your death. This option is risky since you don?t know exactly when you will die. Should you die before your annuity has been completely paid out, the insurance company, and not your beneficiaries, will receive the remainder of the annuity funds.

2) The second payout option is Income for Life with a Guaranteed Period. This option is more appealing because it provides the same coverage as the first option, but if you die before the predetermined guarantee period expires, your beneficiaries will continue to receive payments until the guarantee period ends.

3) A third option is known as the Joint and Survivor option. This option guarantees payment to you and another person, usually a spouse, until both of you dies. Annuity payout options are flexible and any of these options can be combined to fit your individual needs.

DOWNSIDES TO AN ANNUITY

Annuities may also be used to fund your 401(k), 403(b), and Individual Retirement (IRA), although it is not generally advised to use your annuity for this purpose. The two downsides of greatest concern are a contribution limitation, and the federal government requirement for you to begin receiving minimum payments by age 70 ?. Additionally, once you have used your annuity to finance your 401(k), for example, you will incur a ten percent penalty for early withdrawal if you take money before you reach age 59 ? and there are few exceptions to paying this penalty. Once you begin receiving annuity payments you cannot change your mind, and you will continue to receive payments for the predetermined time frame established during the accumulation phase.

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
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Asset Protection Irrevocable Trust, Offshore Asset Protection
Will Contest: What is it? How can you Protect a Will?
71 Commercial Street #150, Boston, MA 02109
tel: +1.508.429.0011 fax: +1.508.429.3034

First Rule In Annuity Seminars: Fill The Room

You need to fill the room because perception is everything. If you begin your Safe Money Seminar with empty tables and chairs in the room, those people who do show up will question whether they should have. The trick is to gauge attendance based on RSVPs. If you have 40 RSVPs for the event, figure 30 will show up. Then set the room up for 20 to 25. It sends a more prosperous message when you have to break out additional tables and chairs to accommodate the overflow. "Standing room only" is your perceived image. On the other hand, having empty seats at your meeting is just lame.

Holding your retirement planning seminar at the right restaurant will help fill the room. A safe bet is an Olive Garden style restaurant. Avoid Mexican food, Chinese food and pizza joints. Limit dinner choices to one: a salad with a single entr?e of general appeal. You can't go wrong with a chicken and pasta plate. Include a glass of ice water at each place setting. That's it; no iced tea or Coca Cola. Never pass out menus, and limit waitress involvement to serving the food then disappearing.

In choosing a restaurant, stop by several possibilities around 4:30 on any given afternoon. If you see a lot of Seniors there, it means they like that restaurant and are familiar with it. Just make sure your entree is a notch above the typical early bird special.

Always remember that a Safe Money Seminar is not a teaching event and not a sales event. It's a social event! Now that you've managed to fill the room, don't set it up like a classroom or like a horseshoe. Set the room up just like people sit in a restaurant - 2 per table or 4 per table at most. And don't think it's you they're coming to see. It's your food they're coming to eat. You are just the dinner show. Remember, you must get people to (a) like you and (b) respect you, if they are to give you that all-important appointment. Now that you've gone to so much trouble setting the stage, go out there and show them your star power!

The most effective form of advertising to fill the room is direct mail invitations. Direct mail allows you to target your demographic. You can sort your mailing list by several parameters, but age (60 plus) and address (within 5 miles of the restaurant and your office) are all that really matter. Wedding style invitations look nice and cost around 75? each. Simple post card invitations cost around 30? each and often wind up under a refrigerator magnet for future reference. Surprisingly, both wedding style and post card invitations pull about the same. But with post cards you can mail approximately 2 ? times the quantity for the same money.

Expect between a .75% and a 1% response on your mailings. By mailing 10,000 pieces, you'll get 75 to 100 RSVPs, of which around 50 to 70 will come out to your two seminars. This will fill the room with 25 to 35 attendees per night, which keeps it cozy and gets you up close and personal.

Another way to boost your response rate is to add emotional appeal to your invitation's headline. For example, which headline gets your attention better? (a) "You're Invited To Our Safe Money Seminar" or, (b) "Five Serious Mistakes That Wipe Out Retirement Savings, And Simple Ways To Avoid Them." The answer is B. Few people will show up to a Safe Money Seminar. We don't use our seminar's name in the invitation because it's not an emotional draw. But once the people are in their seats, stop teasing them and start rewarding them. "Ladies and gentlemen, welcome to our Safe Money Seminar," is now music to their ears. Remember, people act on emotions then justify their actions with logic.

The seminar business is all about working the numbers and setting enough appointments so that if one or two should cancel (which they will) what you get is an unexpected but much needed break between eager, pre-sold prospects. As always, keep your eyes on the prize: This is a career objective leading to seven figures annually. Fill the room, set the stage, make a million. http://www.Free-Insurance-Leads.com Gary Le Mon is a wholesale distributor of fixed indexed annuities for Allianz, American Equity, Sun Life Financial, and ING. Author and developer of the Safe Money Seminar, a financial planning seminar for Seniors, Gary serves as guest.

Fixed Annuity Choices - Significant Considerations

When it comes to fixed annuity choices you have two basic types to select from - the immediate annuity and the deferred annuity.

If you opt to enroll in a plan that offers an immediate annuity, you will receive a check from the company anytime within twelve months of signing on the dotted line. An immediate annuity also offers you the choice of receiving the check every year for a specific pre-determined number of years or whether you just want to keep receiving the checks every year for the duration of your entire lifetime. In the latter case the insurance company will figure out how much each payment will be based on how much insurance you bought in the first place and the length of your projected life expectancy.

A deferred annuity is a little more complicated. It is a two-step type plan. During the first phase of the plan, known as the accumulation plan, your money is invested and allowed to grow in bulk. Taxes on this investment are deferred until you should choose to withdraw the money out, either as a series of payments or as one lump sum. The second phase of the plan is this payout phase

When it comes to fixed annuity choices many people opt for the deferred annuity because it offers more control over your money -especially over the dates when you can withdraw the money. The benefit of this is that you decide when to pay the taxes on income incurred from your fixed annuity.

When assessing your fixed annuity choices it is probably a good idea to assess whether or not you are going to need to withdraw the money before retirement. If you think you will need money before you retire then the deferred annuity is a better choice as it offers more flexibility in both what amounts you can take out and when you can withdraw the funds.

Tiffany Walker has finally revealed her annuity secrets online. Read the latest by clicking here: Fixed Annuity Choices.

Annuity Investment for Retirement

Annuity is an insurance product that can guarantee to receive amount of money regularly as result of investment until the end of annuity contract. Why should you consider annuity investment for your retirement?

Annuity as an insurance product offers insurance benefits such as death benefit, and protection of your investment to beneficiary. While annuity as an investment offers investment benefits such as income protection for life, relatively higher interest rate than CD or any bank investments, and tax deferred benefit.

Insurance companies use your annuity investment to invest in bonds and stock market depends on annuity product you choose. According to its interest rate, annuity can be categorized into fixed annuity and variable annuity.

Fixed annuity is an annuity that can guarantee a minimum annuity payment regularly no matter what happens. While fixed annuity most enemy is inflation, there is fixed annuity variant that may protect your investment against inflation. Instead offers a fixed interest rate, equity indexed annuity set earns to an equity index such as Standard & Poor?s 500 Composite Stock Price Index (the S&P 500).

Variable annuity is the most complex annuity type. Variable annuity only sold by prospectuses, your investment is not guarantee by any party and its value may increase and decrease depends on performance of your investment option.

Many financial experts advice not buy annuity until you have maximize all your other retirement saving such as 401(k) plan and IRA. However, there is an option to use annuity investment as your IRA investment. The advantage of this option is higher interest rate over other kind of investments such as CD. While consequence is there is no additional tax deferral benefit, because IRA is already tax deferred.

Don?t forget to consider about tax, many people want to change to lower tax bracket during their retirement. Well, the decision will vary based on your expectation of retirement lifestyle.

As conclusion, choose well-known insurance company over higher interest rate promise. Request a prospectus, read it, understand it features and benefits as well as fees and charges. Annuity is a complex product, you should contact financial advisor to identify which annuity product or annuity type suit for you. The past do not equal the future rule apply in annuity investment as well as in life.

Allya Reeve is independent writer who run Annuity Reveal website to help most of people who seek out quality yet concise information about buy annuity and sell annuity.

For more information about annuity investment and retirement visit Annuity Investment for Retirement page.

Making A Rational Decision About A Structured Settlement Annuity

It is very easy to become aghast by the sheer volume of e-mails, web sites, tv and journal advertising and legal talk when considering the issue of structured settlements or annuities. We will investigate what, exactly, a structured settlement is so that you are better able to understand the concept and be able to make a rational decision.

To begin, let's explore just what a structured settlement is. It is simply a series of guaranteed disbursals - also known as annuities - made over a certain period of time and is usually the result of an injury settlement or another situation in which you are awarded access to a substantial whole amount of money. It is the alternative to accepting an upfront lump sum.

Structured settlements are individualized arrangements meant to help you cover present and forthcoming expenses. By working closely with an experienced attorney or financial advisor you can determine an effective structured settlement to give you the security of a fixed income over a set period of time. This can help you sleep better at night by taking a huge burden off your back.

There are various types of these annuities. You can learn more about them over at http://www.fixmyannuity.com, but here is a brief explanation of each. This is by no means a complete list, but should give you a fair idea of what is out there:

A certain Period Annuity has a certain period of time for the payments to be paid out. They can be made monthly, quarterly, semi-annually or annually. Upon your death, all remaining payments are made to you beneficiary.

A Life Annuity will make periodic contributions for a guaranteed number of years (based on your life expectancy) or for life, whichever is up first. Again, the beneficiary receives any remaining disbursals should you die before the full whole amount is paid.

A Temporary Life Annuity will pay you for a designated number of years if you are still living, so your annuity ends when you die. There?s no provision for a beneficiary to collect remaining disbursals.

In a Life Contingent Lump Sum you?ll receive a lump sum, provided you are alive on the due date. If you die before this date, your beneficiary is not entitled to the whole amount.

Finally, with Lump Sum Option you can set it up to receive the lump sum on a particular date, say, fifteen years from now. Your beneficiary will receive the lump sum on the future date if you have died before then.

So which type is right for you? The best advice we can offer is to do your fact-finding work. Discuss your situation with your financial advisor and family. That way when you make the decision you'll know what your getting and have considered all the options.

Yvonne Volante, the author, is a big fan of annuities and proper planning and writes for fixmyannuity.com, which is the premier annuity resource on the internet. You can see all of the articles over at http://www.fixmyannuity.com