Holding an Annuity in an Irrevocable Grantor Trust Using the irrevocable trust allows you to make cash gifts using your annual gift tax exclusion. The trust uses the cash to purchase annuity policies with you as the named annuitant.

Can a trust own a qualified annuity?

Trusts can serve as the owner of an annuity at the time of application as well. Because annuities can pay out over the life of the annuitant, if a trust were listed as the annuitant, the policy could pay out indefinitely. The trust can own the policy and be the listed beneficiary.

What does NQ annuity mean?

A non-qualified annuity is purchased with after-tax dollars that were not from a tax-favored retirement plan. Non-qualified annuity premiums are not deductible from gross income. This means any earnings on the investment are not taxed until they are paid out to the annuity holder.

Can you put annuities in a trust?

While annuities are contracts between an insurance company and a living person, ownership of the annuity can be put into a trust if it suits the needs and interests of the annuitant.

How does an irrevocable trust work for annuities?

Using the irrevocable trust allows you to make cash gifts using your annual gift tax exclusion. The trust uses the cash to purchase annuity policies with you as the named annuitant. When those annuities start paying out, the payouts go to the trust, who can distribute funds to beneficiaries.

Can a trust contribute to a nonqualified annuity?

Your annuity is nonqualified if you purchased it with after-tax dollars — that is, you did not take a tax deduction for the purchase as you can for an IRA contribution. Also, such an annuity will not be part of an employer-sponsored retirement plan. You can purchase and contribute to a nonqualified annuity as an individual or through a trust.

When is a nonqualified annuity a non-natural person?

When the owner of a nonqualified annuity is a non-natural person, such as a trust, it is taxed on an annual basis and is ineligible for tax deferral benefits. One exception does exist; should the trust act in an agent capacity.

Can a grantor be the annuitant of a trust?

Courts have found that the grantor is considered the “annuitant” on any policy in the trust because they’re the one who funded it through donations. Using an annuity within a trust is not usually necessary. If your attorney has a special reason for doing so, we naturally set the annuity up as instructed.