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

Where Do You Find A Qualified Buyer of Structured Settlement Annuity?

Finding a qualified buyer of structured settlement annuity is much easier these days thanks to the Internet. With just the click of a mouse you have access to the top note buyers in the country, and you can sell your annuity in a matter of days. It's just a question of finding the right buyer.

Many people find at the beginning or over time that the monthly payments they receive as part of a structured settlement no longer work for them. They might need an immediate source of cash, might be looking to retire or just might not want to assume the risk anymore. Whatever the case may be, there are professionals who are willing to purchase these settlements and assume the risk for you.

It's important to remember that you do not have to sell your entire note. Rather, you can tell the buyer of structured annuity settlement that you only want to sell a portion of it. This is called a partial and it is a common way of structuring the deal. Here's an example of how this works:

Let's say you have a $100,000 settlement paying over 5 years. You need $40k now for a new investment. Well you can sell $40k worth of payments (however many months that works out to be) and retain the rest of the monthly income. Once those payments are made, you resume right where you left off and start receiving your monthlies again.

There are other ways to sell as well, and a knowledgeable buyer of structured settlement annuity will be able to explain all of them to you. After hearing all of the options you can decide which works best for your particular financial situation.

How much will you get for your structured settlement?

That depends on a number of factors, including but not limited to the remaining balance, months/years left, inflationary concerns, timeliness of payments and the financial stability/reliability of the payor. The buyer of structured annuity settlement will take all of these into consideration to come up with their valuation. Remember, it has to make financial sense for them as well as they are taking on the risk of holding this annuity, possibly for many years to come.

If you're considering selling your note, make sure you find a qualified buyer of structured settlement annuity with many years of experience in the industry. This way you are sure to get top dollar for your settlement.

Jamie has been working in the finance industry for many years and is a contributing editor to http://www.selling-your-note.com. Find a buyer of structured settlement annuity and learn more about cash flow instruments on our site.

A Guide to Annuity Products

Annuity is a fixed amount of money received for the whole life or a definite time period specified and agreed upon, in the contract. A savings account is the most common example of an annuity, where the annuitant deposits the principal amount of money to earn a certain percentage. The annuitants may invest this money in business, insurance companies or lend it to individuals. The percentage of the income is specified at the time of agreement. This serves as a partial return of the principal amount and an additional income, simultaneously.

In case of group annuity contracts, the periodic payments are made to one of the employers, covered by a master contract signed by the employer. Retirement annuities are paid only post-retirement. In case of the annuitant?s death, before the expiry of the agreed period or the annuitant?s decision to surrender the policy, a certain amount is paid back to the annuitant?s beneficiary.

A fixed annuity refers to a specific amount of payment after the defined period, irrespective of the financial crisis faced by the company. In case of a variable annuity, the payment amount depends on the success of the investment and fluctuates accordingly. Straight annuities are contracts for making variable payments on a monthly or yearly basis, while life annuities are paid only during the lifetime of the annuitant and ceases with death.

Deferred annuity payments commence on a decided future date, provided the annuitant is alive. This also delays the income tax payments till the annuity payment starts. A refund annuity promises to refund certain amount of cash during the lifetime of the annuitant and in case of death the person?s estate receives the money. Joint annuities are payable to two persons named in the agreement, one of whom receives the money, in case the other dies.

Buy Annuity provides detailed information on Buy Annuity, Buy Annuity Leads, Buy Fixed Annuity, Buy Retirement Annuity and more. Buy Annuity is affiliated with Fixed Annuities

Ramp Up Annuity Sales Using Secret Tool

Lots of annuity sales with this Tool. Most of our competitors hammer us and our prospects about the surrender penalties in annuities.

7 years, 10 years, 17 years - YIKES!

I look at it differently. I love surrender penalties because they provide me with lots of future prospects and clients. How can that be?

It is the exclusion ratio. The exclusion ratio has made more annuity sales for me that anything I can ever think of. The exclusion ratio is a benefit we should all make certain our clients and prospects are aware of. Explain it this way:

If you convert accumulated funds in an annuity to an income stream you can access the exclusion ratio. The exclusion ratio is the percentage of income that is excluded from tax liability.

I like this example

? A $50,000 deposit has grown to a value of $100,000.

If the annuitant takes any funds from this account it is 100% taxable at ordinary income tax rates.

In our example let?s pretend that the annuitant selects a 10 year payout and we will round off the calculations for the sake of illustration.

? $100,000 will provide an annual payment of $10,000 for 10 years.
? $5,000 basis and not taxable, $5,000 interest and taxable.

The $5,000 basis is the exclusion ratio.

Because we have accessed the exclusion ratio we can ?spread out? the tax liability over the selected time period which in our example is 10 years. This means that only 50% of the income received is taxable. By spreading out the payment we have spread out the tax liability!

An annual payment of $10,000 will only have 50% tax liability. Mrs. Prospect, this allows you to completely manage your annual tax liability and to take advantage of the ?Exclusion Ratio.? How about selling the exclusion ratio to the client for the beneficiary?

Mrs. Prospect did you know that when your daughter receives these funds as your beneficiary she can also access the exclusion ratio??

Your beneficiary can accept the funds out over a fixed period of time and spread the tax liability over the payout period.

When a prospect asks me about surrender period I always say this:

?Mrs. Prospect, you cannot enjoy the benefits of this contract unless you allow the insurance company to hold your funds. There are many benefits you can enjoy with this product, have you ever heard of the exclusion ratio??

I use the power of the contract and the exclusion ratio to explain the need for surrender period. Easy to explain and makes for very happy clients. This is especially good when someone comes to me with an existing annuity. Often times they are not happy and did not understand the time period for the surrender penalties. I would say this..

?Mrs. Prospect, unfortunately your agent did not really understand your contract well enough. It is really not his fault; he probably did not have access to the training that I have had. Let me explain a terrific benefit of your contract, the exclusion ratio.?

Once I am able to explain this powerful benefit it is easy to sell another annuity to her. The benefits of the contact sell the annuity for me.

Bill Broich is a 30 year annuity salesman who helps agents increase their annuity sales. Visit his website to learn more. Annuity.com.

Annuity Lead Scam Watch

Although annuity lead scams are out there, agents agree that leads are the lifeblood of their business. No matter how good the products or presentation, without a qualified prospect there can be no sale. Annuity agents also agree there is a vast difference between a lead and a qualified prospect. If you are among the majority of agents who depend on lead generating companies to supply both prospects and suspects, you need to know the standards and definitions of a legitimate lead, a qualified prospect, and an outright scam.

Leads fall into two categories, raw and qualified. Raw leads are generated according to demographics. Qualified leads are further refined by the subject's level of interest in you and your products. All leads should be filtered by specific criteria which often includes age, income, geography and possibly home ownership and marital status. When you pay extra to have your leads qualified, you refine your list of suspects down to prospects.

Annuity lead costs can range from 10? to 75? for each name on a raw list, up to $10 to $35 each for individuals who have qualified themselves by (a) knowing who you are, (b) knowing what you sell, and (c) agreeing to talk to you further. Internet leads and direct mail/direct response leads are often well qualified and worth the investment. Insist on exclusivity (you are the only agent getting the lead) and freshness (the fresher the better). Anything less can be a waste of time.

Telemarketing is still a viable means of lead generation, but there are two red flags to watch out for. Beware of companies using immature, inexperienced telemarketers who have an hourly quota to fill or who get paid per lead generated. Ask specifically who makes the calls and how they are paid. Another bad omen is the telemarketing company that charges per lead instead of by the hour. In my 30 years in the lead business I have never found a telemarketing company that consistently generates a predetermined number of leads at a fixed cost without compromising the quality. Unfortunately, most annuity agents opt for the false sense of security of knowing how many leads they get for their money instead of how good the leads will be. Quality is always the bottom line.

The gold standard of qualified leads is the preset appointment. This prospect fits the demographic and is further qualified by (a) knowing who you are, (b) knowing what you sell, and (c) agreeing to meet with you at a time and place to hear your presentation. Salespeople of all persuasions yearn for the days when they can leave prospecting behind and just do what they do best: sell and close, sell and close. But this yearning often overpowers better judgment, and many promising careers have been cut short by preset appointment programs that sound great but just don't deliver.

Ironically, the preset appointment program I hear cursed most often is the one promoted by the highest grossing field marketing organization in the country. Every agent I talk to (that's 100%) describes them as a complete waste of money. One agent told me he was quoted a fee of $5,614 for 40 appointments, of which only 25 would be replaced in case of a no-show. As expected, their standard operating procedure is to use immature, inexperienced telemarketers who have an hourly quota to fill or who get paid per lead generated. They also charge per appointment instead of by the hour.

In all fairness to legitimate annuity lead producers, however, there are three things an agent must do with every lead or appointment that often get neglected. First, assuming the leads can be emailed or posted to a web calendar as soon as they are generated, the agent must call the prospects and confirm the appointment time, place and date. Do not talk product. Just confirm and show up.

Second, if you purchase direct mail/direct response leads, do not take the lazy approach of calling for an appointment. It is imperative you use the Drop-By System. If you try to skip the work by calling for an appointment, you are just another junk phone caller - even though they signed the postage-paid card and mailed it back asking you to call them. Your appointment setting rate will struggle to reach 20%. But if you follow the Drop-By System to the letter, your appointment setting rate will soar to between 60% and 80%.

Third, before you spend any money on annuity leads or preset appointments (or before you use up the free leads your marketing organization gave you as a recruiting bonus), make sure your presentation and close are well rehearsed and brightly polished. I often hear agents say, "Just give me someone to talk to, I can sell anybody." The next thing I hear from them is, "These leads stink!"

Annuity lead scams are out there. But fortunately, there are enough good companies to keep faith (and production) alive. If you want to report on an exceptionally good, or bad, annuity lead generating company you've had experience with, please drop me a line by clicking on one of the links in my bio below.

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. See also Insurance-Lead-Programs.com

Fixed Annuity Product Sheets - What are They?

Fixed annuity product sheets can be considered to be like briefs that concisely explain what types of annuity products are offered from outside carriers. For those of you who may not be familiar with fixed annuities this is a type of life insurance payment that is guaranteed to be a certain amount a month.

In essence, fixed annuity product sheets are easy-to-understand information sheets that can help you quickly and easily decide which type of annuity product is best for you. If you are shopping for insurance these info-at-a-glance type charts and sheets simply make it much easier for you to play ?contrast and compare? when it comes to finding the life insurance plan that is best for you.

If you go online you will be able to find hundreds of these fixed annuity product sheets. In fact one insurance broker alone offers over three hundred of them to peruse if you happen to be shopping for insurance.

On these sheets you will find essential information such as the annuity's rate of return, the amount of the death benefit (should the annuitant die before the payout.) You will also find out the amount of tax-deferred profit that will go to you instead of the taxman if you opt to go for that particular life insurance product.

You can also get product sheets for variable annuities. Variable annuity products are different then fixed annuity products because they are not based on a fixed interest rate. For this reason fixed annuity products are perceived to be more secure than those that are not.

Another important detail that you will find on the fixed annuity product sheet is just how much money you will be penalized if you need to withdraw from the account before your payment is due. This is important as some life insurance companies really do charge exorbitant fees and penalties for early withdrawal of funds.

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

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.

Love The Thrill of Risk? Invest in an Annuity!

Love The Thrill of Risk? Invest in an Annuity!

 by: Stephen Bucaro

With the stock market in steep decline, people are looking for safe places to invest their savings. Many banks and investment companies are pushing annuities. Annuities offer a higher interest rate than CD's, but are they safe?

You could view an annuity as a tax deferred CD. You don't pay taxes on the interest until you start drawing from the annuity. But there are some important differences between an annuity and a CD.

An annuity is a product offered by an insurance company. With giant corporations like Enron, Kmart, Worldcom, and United Airlines going bankrupt, can you guarantee that the insurance company won't fold, leaving you with nothing? Insurance companies are insured by re-insurers, like General Re. But it seems no matter how large a company is, you can't be sure it won't fold. The bankruptcy of a large insurance company might cause the re-insurer to collapse along with it.

Bank CD's are insured by the Federal Deposit Insurance Corporation (FDIC) for up to $100,000 per bank. The FDIC is a branch of the U.S. Government, who, as you know, are the people who print the money. If they go bankrupt, we'll have more to worry about than just losing our savings!

A new type of annuity called a charitable gift annuity has come on the market recently. These are issued by charity organizations. You give your money to the charity, you receive a tax benefit, and in exchange the charity promises you a fixed payment for life. Unfortunately, this scheme has become a mode of operation for con artists.

The charitable gift annuity has been added to top ten scam list of the North American Securities Administrators Association. They explain that charitable gift annuities are subject to virtually no federal regulation. Here in Arizona, 430 investors lost their savings in a ponzi scheme run by the Mid-America Foundation Inc.

Banks and investment companies hawking annuities promote the higher than CD interest rates, but they fail to reveal the hidden fees and high early withdrawal penalties. If you need to access your annuity before age 59, you could be subject to a 10 percent penalty.

With the recent bankruptcies, and discovery that many giant corporations have been cooking their books for years, I feel it's best to play it safe. If you love the thrill of risk, or if you have already purchased an annuity, I wish you luck. As Will Rogers said, "I am not as concerned about the return ON my money as I am about the return OF my money".

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