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Qualifying Annuity

Posted on October 16, 2025October 22, 2025 by user

Qualifying Annuity: What It Is and How It Works

A qualifying annuity is an annuity contract approved for use inside a qualified retirement plan or an individual retirement account (IRA). It can be fixed, indexed, or variable depending on the plan sponsor’s objectives. When held inside a qualified plan or traditional IRA, contributions and earnings typically receive tax-deferred treatment; Roth-designated annuities inside a Roth account follow Roth tax rules.

Key takeaways

  • A qualifying annuity is an annuity authorized for use within a qualified retirement plan or IRA.
  • It can be fixed, indexed, or variable.
  • Withdrawals before age 59½ are generally subject to a 10% additional tax on the taxable portion.
  • Non‑qualified annuities (purchased with after‑tax dollars) follow different tax rules: earnings are taxed first on withdrawals, and only the earnings portion is subject to penalties and ordinary income tax.

How a qualifying annuity works

Qualifying annuities are not standalone tax-advantaged products; their tax status comes from being held inside a qualified retirement account (e.g., 401(k), 403(b)) or an IRA. A plan can offer a qualifying annuity as the sole investment vehicle or as one of several choices. Many employer plans use variable annuity contracts with subaccounts that function like mutual fund options for participants.

Types of annuities and tax treatment

Qualified vs. non‑qualified

  • Qualified annuity (inside a qualified plan or traditional IRA): Contributions are generally pre-tax or tax-deductible; withdrawals are taxed as ordinary income (unless held in a Roth account, which may allow tax-free qualified distributions).
  • Non‑qualified annuity (purchased with after‑tax dollars): Withdrawals follow an ordering rule where earnings are treated as coming out first and are taxed as ordinary income. When payments are taken as periodic annuitized distributions, each payment contains a taxable earnings portion and a return-of-principal portion based on an exclusion ratio.

Fixed vs. variable

  • Fixed annuity: Provides regular, predictable periodic payments or a guaranteed interest crediting rate.
  • Variable annuity: Investment returns (and future payments) fluctuate with the performance of underlying subaccounts, offering higher upside potential but greater variability and investment risk.

Special considerations

  • Early withdrawal penalty: Distributions before age 59½ are generally subject to a 10% additional tax on the taxable portion, unless an exception applies. For non‑qualified annuities, the penalty applies only to the earnings portion.
  • Fees and charges: Sales loads, commissions, mortality and expense fees, administrative fees, and surrender charges can meaningfully reduce returns.
  • Required Minimum Distributions (RMDs): Qualified annuities held in traditional IRAs or employer plans are subject to RMD rules once you reach the required age (unless a Roth account exception applies).
  • Contract terms: Payout options, guaranteed riders, surrender periods, and beneficiary provisions vary by contract—review plan documents carefully.

Practical steps

  • Confirm whether an annuity offered within your plan is permitted as a qualifying annuity and whether it’s structured as fixed or variable.
  • Compare fees, surrender charges, and riders.
  • Review tax implications based on account type (traditional vs. Roth vs. non‑qualified).
  • Consult a financial or tax advisor to determine whether a qualifying annuity fits your retirement income strategy.

Sources

  • Internal Revenue Service — Annuities: A Brief Description
  • ERISA — Types of Retirement Plans
  • IRS Publication 575 — Pension and Annuity Income

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