What is the 1035 rule?

Asked by: Rose Homenick  |  Last update: August 20, 2025
Score: 4.8/5 (20 votes)

A 1035 exchange, also known as a like-kind exchange, is a legal way to swap one insurance policy, annuity, endowment or long-term care product of like kind without triggering tax on any investment gains associated with the original contract.

What qualifies for 1035 exchange?

A 1035 exchange is a provision in the Internal Revenue Service (IRS) code allowing for a tax-free transfer of an existing annuity contract, life insurance policy, long-term care product, or endowment for another of like kind.

What is the IRS approved 1035 transfer rule?

A 1035 exchange is a provision in the tax code which allows you, as a policyholder, to transfer funds from a life insurance, endowment or annuity to a new policy, without having to pay taxes.

What is the 6 month rule for 1035 exchange?

In other words, if the proceeds from a partial exchange were used by the second insurance company to set up a multiyear guaranteed deferred annuity or a fixed index annuity, then no withdrawal should be taken from the new contract for at least 6 months (instead of 12 months under the old law).

How does a 1035 exchange work for real estate?

Originally designed for life insurance and annuities, 1035 exchanges have expanded to include certain types of real estate investments. The process involves transferring the cash value or surrender value of an existing contract into a new contract, often with improved benefits or terms.

Finance: What is a 1035 Exchange?

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What is the disadvantage of a 1035 exchange?

What Are Possible Disadvantages of a 1035 Exchange? These are some disadvantages of a 1035 exchange: Exchanging policies may trigger surrender charges, which reduce the value transferred to the new contract. The new policy often starts a new surrender charge schedule, so carefully read the terms of your contract.

What is the difference between a 1031 and a 1035 exchange?

Key Differences Between 1031 and 1035 Exchanges

1031 exchanges are limited to real property, such as land, buildings, and rental properties. On the other hand, 1035 exchanges focus on insurance policies and annuity contracts, allowing for flexibility in the types of assets that can be exchanged.

What is not an allowable 1035 exchange?

A transfer most likely will NOT be considered a 1035 exchange if: Policyholders surrender their old policy for a check and use that check to buy a new policy. Outstanding loans exist on the original policy.

What's the highest paying annuity right now?

Best Annuity Rates This Week
  • Year. 5.70% GBU Financial Life Insurance Company. ...
  • Years. 5.40% Aspida Life Insurance Company. ...
  • Years. 5.50% Aspida Life Insurance Company. ...
  • Years. 5.40% Oceanview Life and Annuity Company. ...
  • Years. 5.65% Aspida Life Insurance Company. ...
  • Years. 5.60% ...
  • Years. 5.65% ...
  • Years. 5.20%

How long does it take to do a 1035 exchange?

If your product has a window, it's important to be aware of when it starts so you are ready to act at the start of the window. Because paperwork must go between the new insurer and the old insurer, in some cases via regular mail, the 1035 exchange process may take anywhere from 1-5 weeks.

Do you get a 1099 for a 1035 exchange?

Will I receive a tax form for a 1035 exchange? You will receive a 1099-R to report a 1035 exchange to another insurance company. However, a 1035 exchange is not a taxable event. All 1035 exchanges are reportable and the distribution code of '6' on the tax form indicates to the IRS it was a tax-free 1035 exchange.

Which of the following would not qualify as a 1035 exchange?

Annuities cannot be 1035 exchanged into a life insurance policy. Employer, not employee, paid premiums are tax deductible. Only when the insurance benefit exceeds $50,000 does the employee have to report it as taxable income.

What is the difference between a 1035 exchange and a transfer?

The term "annuity transfer" is sometimes used interchangeably with a "1035 exchange." It's named after the tax code, IRS Section 1035, which refers to a tax-free exchange of one nonqualified annuity for another nonqualified annuity.

What is not permitted in a 1035 tax-free exchange?

Section 1035 does not allow tax-free movement of funds from annuities to life insurance. The 1035 exchange rule does allow you to move from life insurance to an annuity. Under Section 1035, you can transfer cash value life insurance into an annuity and it's a nontaxable event.

Can you transfer a life insurance policy to another company?

It's possible. But the replacement of a policy from one company with a policy from a different company is regulated, so you'll want to work with an insurance agent to make sure the process goes smoothly and according to the rules.

How many 1035 exchanges can I do in a year?

The 1035 Exchange

Under Section 1035 of the Internal Revenue Code, the IRS will allow the exchange of one annuity for another income tax-free. There is no limit on the number of old variable annuity contracts that can be exchanged for new contracts.

How much will a $300,000 annuity pay per month?

With a $300,000 fixed immediate annuity, a 65-year-old man could receive around $1,450 to $1,950 per month for life, while a 65-year-old woman may get $1,800 to $2,200 per month. These payments are guaranteed for as long as the annuitant lives.

What pays better than an annuity?

Annuities have longer durations, but bonds can be reinvested as they mature, so both financial products can be used for the long-term. In general, bonds pay a higher yield than annuities—but not always.

How much does a $1,000,000 annuity pay per month?

A $1 million annuity could pay $6,073 a month or $72,876 a year for a 65-year-old woman purchasing an immediate single life annuity. Annuity providers calculate the monthly payout of a $1 million annuity based on factors such as the type of annuity and the annuitant's age and gender.

What are the disadvantages of a 1035 exchange?

Cons
  • Less efficient insurance premiums on the new policy due to age or health. ...
  • Surrender charges could reduce proceeds on the old policy. ...
  • First-year policy expenses, such as commissions, may consume the cash value in the old policy. ...
  • 1035 exchanges get more complicated if there is an outstanding policy loan.

What is the IRS 1035 rule?

The legislative history of § 1035 explains that § 1035 provides non-recognition treatment for taxpayers who have "merely exchanged an [annuity contract] for another better suited to their needs and who have not actually realized gain." H. Rep. 1337, 83d Cong., 2d Sess. 81 (1954).

What is a 1035 vs 1031?

You can simply reinvest your proceeds into new properties and keep more of your money working for you. On the other hand, a 1035 exchange was designed for life insurance, annuities, and endowments. Unlike a 1031 exchange, which deals with real estate, a 1035 exchange is specific to insurance products.

Why would you do a 1035 exchange?

If you have a life insurance policy that no longer suits your needs, a 1035 exchange is an option to help pay for future long-term care expenses. As you age, you may find your insurance coverage needs have changed, with insuring against potential future long-term care needs taking a higher priority.

What is the 5 year rule for 1031 exchanges?

Five-Year Holding Period: To qualify for the primary residence exclusion of up to $250,000 (or $500,000 for married couples filing jointly) of capital gains tax when selling your primary residence, you must have owned and used the property as your primary residence for at least five years during the eight-year period ...

What is the 180 day rule for a 1035 exchange?

01 A transfer that is within the scope of this revenue procedure will be treated as a tax-free exchange under § 1035 if no amount, other than an amount received as an annuity for a period of 10 years or more or during one or more lives, is received under either the original contract or the new contract during the 180 ...