Can you gift an annuity? How to and tax considerations

Gifting an annuity to a family member is possible to help support a loved one, reduce the size of your taxable estate, or transfer wealth to your heirs. It can be a powerful strategy, but it’s more complex than gifting cash because the IRS treats annuity transfers as taxable events.

A properly structured gift can be tax-efficient. But do it incorrectly and you could trigger immediate tax implications, especially on non-qualified annuities with accumulated gains. This guide breaks down what gifting an annuity means, how transfers work, and how to best time a gift.  

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What does gifting an annuity mean?

Gifting an annuity means transferring ownership of an existing annuity or purchasing a new one for another person. The recipient can be a child or another relative. It can also be a charity or trust. The annuity contract may limit who the recipient can be.

Gifting isn’t the same as leaving an annuity to someone — like a beneficiary — at death. A gift can result in immediate income tax or gift tax obligations, while beneficiary transfers generally preserve the tax-deferral status and avoid penalties.

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Transferring ownership of an existing annuity

When you gift an annuity you already own, the IRS treats the transfer as a “deemed distribution.” There’s no cash changing hands, but tax law treats the gift as if you cashed out the annuity contract the day you transfer it.

Here’s how the process looks when you transfer ownership of an existing annuity.

The gifter owes income tax on the gain

The person giving the gift pays income tax on accumulated earnings. The IRS requires the donor to recognize the gain as ordinary income, not the lower capital gains rate. If the donor is under age 59-½, the transaction can also trigger a 10% early withdrawal penalty, even if the donor never sees the annuity funds. With qualified annuities, this is treated as a taxable distribution on the entire value of the annuity which can create a large tax burden.

The recipient becomes the new owner and may become the annuitant

After the annuity company processes the transfer, the gift recipient becomes the annuity owner. In some cases, the recipient becomes the annuitant, but this depends on the annuity company’s rules and your contract. Some insurers change both the owner and annuitant with a lifetime transfer. Others require an additional form to change the annuitant.

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Tax rules and the three-year rule

When you gift an annuity, three tax systems activate: income tax, gift tax, and the federal estate tax. Understanding these rules helps you avoid unexpected tax bills.  

Year 1: Income taxes on gifted annuities

The moment you transfer a non-qualified annuity, the IRS categorizes it as a deemed distribution. This results in income tax on annuity earnings, and if the gifter is under 59-½, the 10% early withdrawal penalty. Attempting to transfer ownership of a qualified annuity would count as a taxable distribution from a retirement plan – typically resulting in income tax on the entire amount.

Year 2: Gift tax and annual exclusions

In addition to income tax, the donor might have to pay the gift tax on the annuity’s full fair market value. The annual gift tax exclusion is $19,000 per recipient for individuals and $38,000 for married couples who split gifts. Gifts above these limits reduce the donor’s lifetime estate and gift tax exemption.

Year 3: The three-year rule

The three-year rule impacts estate taxes, not income tax. If you gift an annuity and then pass away within three years, the IRS may place the gifted annuity back into the original owner’s taxable estate. This rule doesn’t change ownership of the annuity or pull back the gift itself. It just uses the annuity’s value to calculate the value of the deceased’s estate for tax liability purposes.  

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Can you buy an annuity for someone else?

Instead of navigating the potential tax consequences of gifting an annuity to a family member, many people simply buy a new annuity for someone else. In this case, you’re making a cash gift the recipient uses to purchase an annuity in their own name. This simplifies the income tax part, shifting the tax implications to gift tax rules.

Here’s how buying an annuity for someone else typically works:  

The giver provides the funds

You give cash to your family member. As long as the gift stays within the annual gift tax exclusion, it doesn’t use any of your lifetime estate and gift tax exemption.

The recipient becomes the annuity owner from day one

The family member uses that money to purchase an annuity in their own name. They’re the owner and, typically, the annuitant. So there’s no deemed distribution or income tax to worry about. For tax purposes, the IRS treats this as a cash gift, and your family member can decide what to do with it.

The annuity grows tax-deferred in the recipient’s name

With the new annuity contract in place, earnings typically can grow tax-deferred in the new owner’s name. They’ll typically owe income tax on gains when they make a withdrawal or start taking annuity payments. You avoid a tax hit by effectively shifting future income to the next generation.  

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Using annuities to plan your estate with Gainbridge

Gifting an annuity to a family member is one way to transfer wealth. But unlike cash gifts, the process is rife with potential tax implications. For many families, the most straightforward path is to gift cash and let the recipient buy the right type of annuity for them in their name.

If you or a loved one are starting or in the middle of long-term retirement or estate planning, do a side-by-side comparison of Gainbridge annuities. We offer fixed annuities with guaranteed growth and a steady stream of retirement income — all with no hidden fees or commissions.

Explore Gainbridge today to see how annuities can help support you and your family’s financial future.  

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FAQ

Can you transfer an annuity without paying taxes?

Not always. Transferring ownership of a non-qualified annuity in your lifetime typically triggers a deemed distribution. So the donor must pay income tax on the gain, plus a 10% early withdrawal penalty if they’re under 59-½. A more tax-efficient way to gift an annuity without onerous tax implications is to gift cash to a family member who can then purchase an annuity in their own name.  

What are the IRS rules for gifting money to family members?

You can gift up to your annual gift tax exclusion — $19,000 per recipient for individuals, $38,000 for married couples who split gifts — without using any of your lifetime estate and gift tax exemption. Gifts above the yearly exclusion can also be tax-free, but they reduce your lifetime exemptions.

Can I gift an annuity to charity?

Gifting an annuity to charity is possible. The tax implications depend on how you structure the charitable gift. Gifting an existing non-qualified annuity to a charity typically triggers a deemed distribution for the owner, who must pay income tax on annuity gains. You may claim a charitable deduction for the value transferred, but only after accounting for the portion treated as a taxable gain, subject to adjusted gross income (AGI) limits.

Some charities offer charitable gift annuities — you donate assets in exchange for annuity payments for yourself or someone you choose. Leaving an annuity to a charity as a beneficiary can also work. This can be a tax-efficient route because nonprofits typically don’t have to pay income tax on the remaining annuity value.  

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This article is intended for informational purposes only. It is not intended to provide, and should not be interpreted as, individualized investment, legal, or tax advice. For advice concerning your own situation please contact the appropriate professional. The GainbridgeⓇ digital platform provides informational and educational resources intended only for self-directed purposes. Guarantees are backed by the financial strength and claims-paying ability of the issuing insurance company.

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