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1035 Exchange Annuity Tax Rules: When Swapping Annuities Makes Sense in 2026

How Section 1035 exchanges let you swap annuities tax-free. Compare when a 1035 exchange makes sense vs. surrendering, tax traps to avoid, and step-by-step rules for 2026.

#1035 exchange annuity#annuity swap tax-free#Section 1035 exchange rules#annuity replacement 2026#tax-free annuity transfer#surrender charge exchange

⚡ Quick Answer

A Section 1035 exchange allows you to swap one annuity contract for another without triggering immediate income tax on your accumulated gains. Under IRC Section 1035(a)(3), an annuity-to-annuity exchange is treated as a tax-free rollover, provided the transaction is structured as a direct transfer between insurance companies. In 2026, with interest rates elevated and new annuity products offering significantly better terms, a 1035 exchange can save tens of thousands of dollars in deferred taxes—often enough to offset surrender charges on the old contract.

Key Takeaways

  • 1035 exchanges are tax-free, not tax-free to set up—you avoid immediate income tax on gains, but you must follow strict IRS rules requiring a direct company-to-company transfer with no constructive receipt of funds
  • Annuity-to-annuity exchanges are the most common 1035 transaction, but the rule also covers life insurance-to-annuity transfers (though not annuity-to-life insurance)
  • Surrender charges on the old annuity don’t create a tax deduction, but the tax savings from deferring gains often exceed the surrender penalty—run the numbers before deciding
  • The “same annuitant” rule is absolute—changing the owner or annuitant during a 1035 exchange can disqualify the entire transaction and trigger full taxation
  • SECURE Act 2.0 provisions for required minimum distributions (RMDs) from annuitized contracts affect when and how you might use a 1035 exchange in retirement planning
  • Indirect rollovers are not allowed for annuities—unlike IRA-to-IRA transfers, you cannot take possession of the funds and redeploy them within 60 days; the exchange must be direct

What Is a 1035 Exchange?

A Section 1035 exchange is a provision in the Internal Revenue Code (IRC Section 1035) that allows you to exchange certain insurance contracts for similar contracts without recognizing a taxable gain at the time of the exchange. The code section specifically lists the following permissible exchanges:

FromToTax-Free?
Life insuranceLife insurance✅ Yes
Life insuranceAnnuity✅ Yes
Life insuranceModified endowment contract (MEC)✅ Yes
AnnuityAnnuity✅ Yes
AnnuityModified endowment contract✅ Yes
AnnuityLife insurance❌ No
Modified endowment contractModified endowment contract✅ Yes
Modified endowment contractAnnuity✅ Yes

The most common 1035 exchange in practice is annuity-to-annuity. This is what most investors mean when they talk about “swapping” an annuity.

How the Tax Deferral Works

Let’s say you purchased a $200,000 non-qualified fixed annuity seven years ago, and it has grown to $270,000. If you surrender this annuity outright, you would owe ordinary income tax on the $70,000 gain. At a 24% marginal tax rate, that’s $16,800 in taxes you’d pay immediately.

With a 1035 exchange, you transfer the full $270,000 (minus any surrender charges) into a new annuity contract. The $70,000 gain carries over to the new contract as deferred income. You pay zero tax today, and the new annuity continues to grow tax-deferred.

The cost basis of your old annuity carries over to the new one. In this example, your basis in the new annuity remains $200,000. When you eventually take distributions from the new contract, you’ll owe tax on the gains at that time—but you’ve preserved the full $270,000 working for you in the meantime.

Key IRS Requirements for a Valid 1035 Exchange

The IRS enforces several strict requirements:

  1. Direct transfer only: The old insurance company must send the funds directly to the new insurance company. You cannot receive a check and then forward it.

  2. Same taxpayer rule: The owner and annuitant on the new contract must be identical to the old contract. If John Smith owns an annuity, John Smith must own the replacement annuity.

  3. Like-kind exchange: The replacement must be a qualifying insurance product (annuity for annuity, life insurance for annuity, etc.).

  4. No constructive receipt: At no point can you have control or access to the funds during the transfer.

  5. Replacement contract must meet annuity requirements: The new contract must qualify as an annuity under IRS rules—not a disguised investment vehicle.

Interest rates have shifted significantly since 2020–2021. Many annuity holders locked in rates when the 10-year Treasury was below 1.5%. As of 2026, with rates substantially higher, new annuity products offer:

  • Higher guaranteed payout rates: A 65-year-old might get 5.5–6.0% guaranteed payout on a new SPIA vs. 3.5–4.0% on an older contract
  • Better cap rates on fixed indexed annuities: Caps of 6–8% vs. 3–5% on older contracts
  • Enhanced riders: Newer living benefit riders with higher income base growth rates
  • Lower fees: Competition has driven down M&E charges and rider fees on newer products

This rate environment makes 1035 exchanges particularly attractive for annuity holders with older, underperforming contracts.

When a 1035 Exchange Makes Sense in 2026

Not every annuity swap is a good idea. Here are the specific scenarios where a 1035 exchange is most likely to benefit you.

Scenario 1: Locked Into a Low-Rate Fixed Annuity

Your situation: You bought a 5-year multi-year guaranteed annuity (MYGA) in 2021 at 2.75%. It’s maturing, and the renewal rate your current company is offering is 3.5%. Meanwhile, competitive MYGA rates in 2026 are 5.0–5.5%.

The numbers:

  • Account value: $150,000
  • Cost basis: $150,000 (no gain—original principal)
  • Current renewal rate: 3.5%
  • Market rate for a new 5-year MYGA: 5.25%

1035 exchange result: Since there’s no gain in this case (the MYGA guarantees are already priced in), the tax benefit is minimal, but the rate improvement is significant. Over 5 years:

  • Staying at 3.5%: $150,000 × (1.035)^5 = $178,296
  • Exchanging to 5.25%: $150,000 × (1.0525)^5 = $193,841

That’s a $15,545 difference from a simple rate improvement. No tax impact at all since the cost basis equals the account value. This is the cleanest 1035 exchange scenario.

Scenario 2: High-Gain Variable Annuity With Poor Investment Options

Your situation: You’ve held a variable annuity for 12 years. The subaccounts have underperformed, fees are 2.3% annually (M&E + rider + admin), and the living benefit rider you’re paying for has a 4% step-up that hasn’t been useful in recent years.

The numbers:

  • Original investment: $300,000
  • Current value: $410,000
  • Unrealized gain: $110,000
  • Surrender charge (year 12): $0 (past surrender period)
  • Marginal tax rate: 32%

Surrender option:

  • Tax on gain: $110,000 × 32% = $35,200
  • Net after tax: $410,000 − $35,200 = $374,800

1035 exchange option:

  • Transfer full $410,000 to a low-cost variable annuity or fixed indexed annuity
  • Tax due now: $0
  • Basis carries over: $300,000
  • If new annuity earns 7% annually with 0.75% total fees (net 6.25%) for 8 years:
    • $410,000 × (1.0625)^8 = $667,143

Compare to keeping the old annuity at net 4.5% (after 2.3% fees on ~6.8% gross):

  • $410,000 × (1.045)^8 = $582,461

The 1035 exchange to a lower-cost product produces $84,682 more over 8 years—and that’s on top of the $35,200 you saved in immediate taxes.

Scenario 3: Fixed Indexed Annuity With Low Caps

Your situation: You bought a fixed indexed annuity (FIA) in 2019 linked to the S&P 500 with a cap rate of 4.5% and a 0.75% floor. The surrender period ends this year. Current competitive FIAs offer caps of 7.0–8.0%.

The numbers:

  • Account value: $225,000
  • Cost basis: $200,000
  • Unrealized gain: $25,000
  • Surrender charge (year 7): $0

Staying with current FIA (avg annual credited rate ~3.2% based on 4.5% cap):

  • After 10 more years: $225,000 × (1.032)^10 = $308,640

1035 exchange to new FIA (avg annual credited rate ~5.5% based on 7.5% cap):

  • After 10 years: $225,000 × (1.055)^10 = $384,018

Tax deferral on the $25,000 gain continues. The difference is $75,378 over a decade, driven entirely by better cap rates. No surrender charge, no tax trigger—this is the sweet spot for a 1035 exchange.

Scenario 4: Converting a Life Insurance Policy to an Annuity

Your situation: You have a $500,000 whole life policy you no longer need. The cash value is $180,000, and your cost basis (premiums paid) is $140,000.

The numbers:

  • Cash surrender value: $180,000
  • Cost basis: $140,000
  • Taxable gain if surrendered: $40,000
  • Tax at 24%: $9,600

A 1035 exchange from life insurance to an annuity lets you move the full $180,000 into an annuity tax-free. The $40,000 gain is deferred inside the new annuity. Your basis in the annuity is $140,000.

This is an underutilized strategy. Many people surrender unneeded life insurance policies and pay tax unnecessarily, when a 1035 exchange to an annuity could preserve the full cash value working for retirement income.

Scenario 5: Consolidating Multiple Annuities

Your situation: Over the years, you’ve accumulated three different annuities from three different companies:

AnnuityValueBasisGainSurrender Charge
Annuity A$120,000$100,000$20,000$0
Annuity B$85,000$75,000$10,000$3,400 (4%)
Annuity C$200,000$180,000$20,000$0

You can 1035 exchange all three into a single new annuity. The total tax on $50,000 of gains at 24% would be $12,000 if you surrendered instead. By exchanging, you defer that tax and consolidate into one contract with better terms.

Note: Annuity B has a $3,400 surrender charge. You need to weigh the $3,400 cost against the benefits of consolidation and tax deferral. In this case, the $12,000 tax savings alone far exceeds the surrender charge.

Tax Traps and Common Mistakes

A 1035 exchange that goes wrong can trigger immediate taxation and penalties. Here are the specific pitfalls to watch for.

Trap 1: Constructive Receipt of Funds

This is the most dangerous and most common mistake. If the old insurance company sends the check to you rather than directly to the new company, the IRS considers this constructive receipt. The entire gain becomes immediately taxable.

Example: Your annuity is worth $350,000 with a $250,000 basis. The company sends you a check for $350,000. Even if you deposit it into a new annuity within 3 days, the IRS views this as a taxable surrender of $100,000. At 32%, that’s $32,000 in unexpected taxes.

How to avoid: Always instruct both companies to handle the transfer directly. Get written confirmation from the new company that they are receiving the funds via a direct 1035 exchange. Never let a check pass through your hands or your bank account.

Trap 2: Changing the Owner or Annuitant

The IRS requires that the same taxpayer who owned the old contract must own the new contract. Changing from individual ownership to joint ownership, adding a trust as owner, or changing the annuitant will disqualify the exchange.

Example: John and Mary own an annuity jointly. They 1035 exchange it into a new annuity owned only by John. The IRS could rule this a taxable event because the taxpayer identity changed.

How to avoid: Keep the owner and annuitant identical on both contracts. If you need to change ownership for estate planning purposes, complete the 1035 exchange first, then change ownership on the new contract as a separate transaction.

Trap 3: Triggering the 10% Early Withdrawal Penalty

If you’re under age 59½ and you take a distribution from the annuity during the exchange process (even a small one), you could trigger the 10% early withdrawal penalty on the gain portion.

Example: Your annuity has a 10% free withdrawal provision. You take a $15,000 withdrawal from a $150,000 annuity ($100,000 basis, $50,000 gain) and then 1035 exchange the remaining $135,000. The $15,000 withdrawal is taxed as gain first (LIFO treatment for non-qualified annuities), meaning the full $15,000 is taxable, plus a $1,500 early withdrawal penalty if you’re under 59½.

How to avoid: Complete the full 1035 exchange first. Don’t take any withdrawals during the process. If you need liquidity, plan to access funds from the new annuity’s free withdrawal provision after the exchange completes.

Trap 4: Exchanging Into a Worse Product

Not all 1035 exchanges are beneficial. Some agents use 1035 exchanges as a sales tool to generate new commissions, moving clients from adequate contracts into inferior ones.

Red flags:

  • The new annuity has a longer surrender period than your remaining old surrender period
  • The new annuity has higher total fees (M&E charges + riders + admin)
  • You’re exchanging from a fixed annuity with a strong guarantee into a variable annuity with market risk
  • The agent is pressuring you to add riders you don’t need
  • The new contract has a bonus credit that sounds generous but is offset by higher ongoing charges

Example: You exchange a fixed annuity earning 4.5% guaranteed into a variable annuity with a 1.5% M&E charge and a 1.0% living benefit rider. Even if the market returns 8%, your net return is 5.5%—and you’ve taken on market risk for only 1% more than your old guaranteed rate. If the market declines, you could lose money.

How to avoid: Always compare the total cost of the new annuity (all fees combined) against your current contract. For guidance on spotting problematic annuity products, see our annuity payout fees and commission red flags guide.

Trap 5: Losing Valuable Riders and Guarantees

Older annuity contracts sometimes have riders that are no longer available or are significantly more expensive in new contracts. Common examples include:

  • Guaranteed lifetime withdrawal benefit (GLWB) with a 6–7% income base step-up rate (newer contracts typically offer 4–5%)
  • Death benefit guarantees that are more generous than current market offerings
  • Return of premium riders that guarantee you’ll get at least your principal back

Example: Your 10-year-old variable annuity has a GLWB rider with a 7% annual step-up on the income base for 10 years, and the income base is now $380,000 vs. an account value of $320,000. If you 1035 exchange, you lose the $60,000 income base advantage permanently. Even if the new annuity has better investment options, it may never make up for that $60,000 head start.

How to avoid: Calculate the dollar value of all riders and guarantees on your current contract before exchanging. If the income base, death benefit, or other guarantees exceed the account value, factor this “excess value” into your comparison.

Trap 6: Partial 1035 Exchanges and Tax Reporting Errors

A partial 1035 exchange—transferring only part of your annuity to a new contract—is allowed, but it creates complex tax reporting. The gain allocation between the two contracts must be properly calculated and documented.

Example: You have a $300,000 annuity with a $200,000 basis and $100,000 gain. You do a partial 1035 exchange of $150,000 to a new contract. The proportional basis transferred is $100,000 (50% of $200,000), and the remaining basis in the old contract is $100,000. If this isn’t documented correctly on Form 1099-R and your tax return, you could face IRS scrutiny.

How to avoid: Work with a tax professional who understands 1035 exchanges. Ensure both insurance companies issue the correct tax forms showing the exchange. Verify that the old company codes the distribution as a 1035 exchange on Form 1099-R (distribution code “6”).

Trap 7: State-Specific Regulations and Replacement Laws

Many states have annuity replacement regulations that require additional disclosure forms and waiting periods. If you’re doing a 1035 exchange that your state classifies as a “replacement,” the agent must follow specific procedures.

  • Some states require a 15-day cooling-off period before the exchange can be completed
  • Some require the agent to document why the replacement is in your best interest
  • Failure to follow state replacement regulations can create problems with the new contract’s validity

How to avoid: Ask your agent whether your state treats the 1035 exchange as a replacement and what disclosures are required. A reputable agent will handle this proactively.

Step-by-Step 1035 Exchange Process

Here is the exact process for completing a 1035 exchange correctly.

Step 1: Evaluate Your Current Annuity

Before initiating anything, gather the details of your existing contract:

  • Current account value (market value or surrender value)
  • Cost basis (total premiums you’ve paid)
  • Unrealized gain (account value minus cost basis)
  • Remaining surrender charges (if any) and when they expire
  • Active riders and their current value (income base, death benefit, etc.)
  • Renewal rates or credited interest rate

Use our annuity quote comparison checklist for 2026 to organize this information systematically.

Step 2: Research Replacement Annuities

Compare at least 3–5 annuity products from different insurance companies. Focus on:

  • Total annual fees (M&E charges, rider fees, administrative costs)
  • Surrender charge schedule
  • Credited rate or cap rate (for fixed indexed annuities)
  • Investment subaccount options (for variable annuities)
  • Available riders and their costs
  • Financial strength rating of the insurance company (AM Best, Moody’s, S&P)

Step 3: Calculate the Break-Even Point

Determine how long it takes for the benefits of the new annuity to exceed the costs of the exchange:

Break-even months = (Surrender charges + Any lost rider value) ÷ (Monthly advantage of new annuity)

Example: Your old annuity has a $6,000 surrender charge, and you’ll lose $3,000 in rider value. The new annuity earns $200/month more after fees. Break-even = ($6,000 + $3,000) ÷ $200 = 45 months. If you plan to hold the new annuity for more than 45 months, the exchange makes financial sense.

Step 4: Apply for the New Annuity

Complete the application for the replacement annuity. On the application, indicate that funding will come via a 1035 exchange from your existing contract. You’ll need to provide:

  • The name of your current insurance company
  • Your policy/contract number
  • The current company’s address for transfer requests

Step 5: Submit Transfer Authorization Forms

You’ll sign a transfer authorization form (sometimes called an “exchange form” or “assignment form”) that authorizes the old company to send funds directly to the new company. Both companies typically have their own forms—complete both.

Critical: Verify that the form specifies a direct 1035 exchange and not a surrender and repurchase. The language matters for tax purposes.

Step 6: Monitor the Transfer

1035 exchanges typically take 3–6 weeks to complete. During this time:

  • The old company processes the transfer request
  • The old company sends funds directly to the new company (usually via wire or check payable to the new company)
  • The new company deposits the funds into your new contract

Contact both companies weekly to track progress. Delays can occur, especially if forms are incomplete or if the old company requires additional authorization.

Step 7: Verify Tax Reporting

After the exchange completes:

  • Confirm you received Form 1099-R from the old company showing the exchange
  • Verify the distribution code is “6” (Section 1035 exchange) — not “1” (early distribution) or “7” (normal distribution)
  • The gross amount should equal the amount transferred, but the taxable amount should be $0
  • Keep copies of all exchange documentation for your tax records
  • Report the exchange on your tax return (even though it’s tax-free, it must be reported)

Step 8: Review the New Contract

Within 30 days of receiving the new contract, review it carefully:

  • Confirm the cost basis was carried over correctly
  • Verify all selected riders are in place
  • Check that the owner and annuitant information matches exactly
  • Review the surrender charge schedule
  • During the free-look period (typically 10–30 days depending on your state), you can cancel the new contract if anything is incorrect

1035 Exchange vs. Surrendering: Numbers Comparison

The decision between a 1035 exchange and surrendering your annuity comes down to hard numbers. Here’s a detailed comparison using a realistic example.

The Baseline Scenario

  • Annuity value: $400,000
  • Cost basis: $300,000
  • Unrealized gain: $100,000
  • Surrender charge: $12,000 (3% in year 4)
  • Marginal tax rate: 24%
  • State income tax: 5%
  • Combined tax rate: 29%
  • Age: 58 (no early withdrawal penalty)

Option A: Surrender the Annuity

ItemAmount
Account value$400,000
Surrender charge−$12,000
Net surrender value$388,000
Taxable gain$88,000*
Federal tax (24%)−$21,120
State tax (5%)−$4,400
Net cash received$362,480

*Gain = Net surrender value ($388,000) − Basis ($300,000) = $88,000

If you invest the $362,480 in a taxable brokerage account earning 7% annually:

  • After 10 years: $362,480 × (1.07)^10 = $712,736
  • But each year you pay taxes on dividends and capital gains (estimated 1.5% drag annually)
  • Adjusted: $362,480 × (1.055)^10 = $621,056

Option B: 1035 Exchange to a New Annuity

ItemAmount
Transfer value (surrender charge deducted by old company)$388,000
Tax due now$0
Basis carried over$300,000
Deferred gain$88,000

The $388,000 is deposited into a new annuity with better terms. If the new annuity earns 6.5% annually (net of fees):

  • After 10 years: $388,000 × (1.065)^10 = $727,141

Option C: Keep the Old Annuity

If the old annuity continues earning 4.5% (net of fees):

  • After 10 years: $400,000 × (1.045)^10 = $620,569

10-Year Comparison Summary

StrategyValue at 10 YearsTaxable GainNet After Tax (at 29%)
Surrender & invest in taxable$621,056~$120,000 (varies)~$586,250
1035 exchange to new annuity$727,141$439,141 − $300,000 = $139,141~$686,810
Keep old annuity$620,569$320,569 − $300,000 = $20,569~$614,605

The 1035 exchange produces the highest net value—approximately $100,000 more than surrendering after accounting for taxes. This is the power of tax deferral combined with a better-performing product.

When Surrendering Actually Wins

The 1035 exchange isn’t always the winner. Surrendering makes more sense when:

  • You need the cash for a specific purpose (home purchase, medical bills, business opportunity)
  • The gain is very small relative to the account value (e.g., $5,000 gain on a $200,000 annuity—the tax is only $1,450 at 29%)
  • You’ve found a better tax-advantaged vehicle, like maxing out a Roth IRA conversion strategy
  • The surrender charge is enormous and the rate difference between old and new annuities is minimal
  • You’re in an unusually low tax year (e.g., between jobs, taking a sabbatical) and can absorb the gain at a low rate

For more on the tax implications of surrendering, see our annuity surrender charge tax deduction guide for 2026.

1035 Exchange Rules Under SECURE Act 2.0

The SECURE 2.0 Act of 2022 made several changes that affect annuity planning in 2026. While Section 1035 itself wasn’t directly modified, the surrounding rules have shifted in important ways.

RMD Changes Affecting Annuity Exchanges

SECURE 2.0 pushed the RMD age from 72 to 73 (effective 2023) and then to 75 (effective 2033). This gives annuity holders a longer window to execute 1035 exchanges before RMDs force distributions. If you’re 70 in 2026, you have until age 73 before you must start taking distributions from a qualified annuity—giving you time to exchange into a better product.

Annuity Distribution Transparency Requirements

SECURE 2.0 requires clearer disclosure of annuity costs and distribution options. This works in favor of 1035 exchange decisions because you now have better information to compare your current annuity against alternatives.

Qualified Longevity Annuity Contract (QLAC) Limits

The QLAC limit was increased to $200,000 (from $145,000) under SECURE 2.0. If you’re considering a 1035 exchange from a qualified annuity (IRA-based) to a QLAC, the higher limit gives you more room. However, note that a 1035 exchange from a regular IRA annuity to a QLAC has specific requirements—consult a tax professional.

Impact on Tax Bracket Planning

With RMD ages pushed back, you may have more years in lower tax brackets before required distributions begin. This changes the calculus for when to do a 1035 exchange. For a deeper look at bracket shifts, see our annuity tax bracket shift risk guide.

FAQ

Can I do a 1035 exchange from an annuity to a life insurance policy?

No. IRC Section 1035 does not permit tax-free exchanges from an annuity to a life insurance policy. The only allowed direction is life insurance to annuity. If you want to move annuity funds into a life insurance policy, you must surrender the annuity (triggering tax on gains) and then use the after-tax proceeds to purchase the life policy.

How long does a 1035 annuity exchange typically take to complete?

A 1035 annuity exchange usually takes 3 to 6 weeks from start to finish. The timeline depends on how quickly the old company processes the transfer request, whether all forms are completed correctly, and whether any state replacement regulations require a waiting period. Delays are common if the old company is slow to respond or if paperwork is incomplete. Monitor progress by contacting both companies weekly.

Does a 1035 exchange trigger surrender charges on my old annuity?

Yes, a 1035 exchange is treated as a full surrender of the old contract, so any remaining surrender charges will apply. The surrender charge is deducted from the transfer amount. However, these charges do not create a tax deduction—they simply reduce the amount transferred. The key question is whether the long-term benefits of the new annuity (better rates, lower fees) exceed the one-time surrender cost.

Can I do a partial 1035 exchange on just part of my annuity?

Yes, partial 1035 exchanges are permitted by the IRS. You can transfer a portion of your annuity value to a new contract while keeping the remainder in the old contract. The cost basis is allocated proportionally between the two contracts. However, partial exchanges create more complex tax reporting and require careful documentation. Make sure both insurance companies properly report the proportional basis transfer.

What tax form do I receive for a 1035 annuity exchange?

You should receive Form 1099-R from the old insurance company showing the exchange. The distribution code should be “6” (Section 1035 exchange), and the taxable amount should be $0. You must report this exchange on your tax return even though it is tax-free. If you receive a 1099-R with a different distribution code (such as “1” or “7”), contact the old company immediately to request a corrected form.

Is there a limit on how many times I can do a 1035 annuity exchange?

There is no IRS limit on the number of 1035 exchanges you can do. However, each exchange resets the surrender charge period on the new contract, and frequent exchanges may be flagged as abusive by the IRS or by state insurance regulators. Additionally, each exchange generates new surrender charges and potential transaction costs. A 1035 exchange should be done strategically, not repeatedly.

Does a 1035 exchange reset the annuity surrender charge period?

Yes. When you 1035 exchange into a new annuity, the new contract starts with its own surrender charge schedule—typically 5 to 10 years. This means you are essentially restarting the clock. This is why it’s important to calculate the break-even point before exchanging. If you plan to need the money within the new surrender period, the exchange may not make sense despite the tax benefits.

Can a 1035 annuity transfer be done between annuities owned by spouses?

Generally no. The IRS requires the same taxpayer on both the old and new contracts. A 1035 exchange between spouses (e.g., from the husband’s annuity to the wife’s annuity) would be treated as a taxable distribution. However, there is an exception for transfers incident to divorce under IRC Section 1041. If you need to change ownership for estate planning, complete the 1035 exchange first under the original owner’s name, then change ownership as a separate step.

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