Archive for May, 2009

Offshore Annuity

Tuesday, May 5th, 2009

An Offshore Annuity works very similar to a deferred variable annuity. The owner pays into the annuity during the accumulation phase using either a lump sum or paying scheduled amounts over a period of time. The money in the annuity will gain interest at a rate determined by the investment portfolios in which it was placed, and either the owner or annuitant will be taxed once the withdrawal period begins.

You should remember that the owner and annuitant do not need to be the same, and for an Offshore Annuity the owner is usually an offshore trust. If the two annuities are so similar, then what is the benefit of having an Offshore Annuity versus a U.S-based deferred variable annuity?

BENEFITS AND ADVANTAGES OF AN OFFSHORE ANNUITY

There are several advantages to having an Offshore Annuity, but they can be easily narrowed down into three main benefits:

1. flexibility

2. protection

3. tax advantages

FLEXIBILITY OF AN OFFSHORE ANNUITY VS DEFERRED VARIABLE ANNUITY

When you choose to purchase a deferred variable annuity you are usually opting to place your money into mutual funds, equity funds, bond funds, etc. The investment portfolio chosen for your money is done by the insurance company you purchase the annuity from, and is limited to venders they have contracts with.

An Offshore Annuity offers more investment options since the overseas advisor can choose to place the money in any of the previously mentioned portfolios, or, for example, they can invest your money in gold. The overseas advisor is not limited by contracts and can invest your money into a number of diversified accounts. Your rate of return is not guaranteed, and is determined by the success of your advisor’s chosen investments.

ASSET PROTECTION AND SECURITY OF AN OFFSHORE ANNUITY

Offshore Annuities offer much more than just increased investment options; they offer a secure way to hide your existing assets from the U.S Government. This feature of an Offshore Annuity is also known as Wealth Preservation. If the offshore issuer of your annuity has no U.S-based affiliations, U.S Courts have no jurisdiction over them or your annuity. This means that anyone wishing to effect a garnishment of your assets must receive permission from the host country where your Offshore Annuity originates.

This is not as easy as it seems since Offshore Annuities are not subject to U.S foreign account reporting requirements. This feature of an Offshore Annuity makes it extremely difficult to link you to any funds other than what you report on your income taxes. It is important to note that while you can be both the owner and annuitant for your annuity, this situation only applies if the owner of the annuity is an offshore trust. (Please note Estate Street Partners and its partners do not ever condone on misreporting on your income.)

FRAUDULENT TRANSFER LAWS ON ANNUITY

If you are both the owner and annuitant, you may be ordered by a U.S. Court to use your annuity to pay a creditor. There are only a few states which exclude annuities from creditors, but you will be subject to fraudulent transfer laws if you obtained the annuity for the sole purpose of hindering or delaying a creditor’s claim.

Having an offshore trust take ownership of your annuity avoids this situation altogether, although it is important to investigate the fraudulent transfer laws of the offshore trust and choose only those which appear investor friendly.

OFFSHORE TRUST OF ANNUITY: WITHHOLD DIRECT ANNUITY PAYMENTS TO BENEFICIARY

Having an offshore trust for your annuity offers you, as trustee, the option of withholding direct annuity payments to a beneficiary. If the beneficiary is affected by a drug or alcohol addiction, or is battling legal issues, you may choose to allocate annuity payments indirectly for their benefit. This is very different from a deferred variable annuity which only offers a direct payment to the annuitant or beneficiary in the form of lump sum or scheduled payments.

TAX ADVANTAGES OF OFFSHORE ANNUITY AND OFFSHORE TRUST

Your Offshore Annuity will grow tax-deferred until you begin withdrawing money, and the U.S Government only requires a one percent excise tax on the premium you paid to implement your Offshore Annuity. Another difference between a deferred variable annuity and an Offshore Annuity owned by a trust, is your beneficiaries do not need to receive payments immediately following your death. Therefore they can delay paying taxes on your annuity until the trust begins distribution of the annuity.

HOW TO PURCHASE AN OFFSHORE ANNUITY? WHO IS IT FOR?

An Offshore Annuity is not for everyone. Most issuers require more than one million dollars to implement your annuity. As previously mentioned, it is wise to have an offshore trust own your annuity. In this case, the offshore trust completes the annuity application and sends it to the issuer. Upon approval you will wire funds to the bank account of your trust, who will then wire the premium to the issuer to complete the transaction.

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Tax Free Annuities Defined

Tuesday, May 5th, 2009

Almost 80 percent of investors, who purchase an annuity, do so in order to earn a good return. Compared to other forms of savings, annuities offer guaranteed, lucrative returns. This is because annuities define an investment in the present that gives you a return of the same value in the future. They form a very useful vehicle of investment. Insurance providers, who sell annuities, sell them on the terms that you receive a guaranteed rate of return on the money that you have hoarded with them. This means, even if you have not paid the full amount of the annuity, you earn the contracted rate of interest on the money you have deposited with the insurance provider. Also, if you have started withdrawing money from the annuity, you keep earning the rate of interest on the money that remains with the insurance company.

An annuity is a contract between you and an insurance company to pay you the value of the money you invest in their annuity. This can be paid back at specified intervals, spreading over a long time, even till death. While this insures a regular flow of income, the most important advantage of an annuity is the return it gives. You can choose to receive a higher return from the annuity by selecting a variable or an equity-indexed annuity instead of a fixed one. The increased return is traded off with the risk element that comes with the annuity. To understand the risks and the guaranteed returns, it is important to understand how the types of annuities are defined.

Fixed Annuity:

A “fixed annuity” ensures a fixed rate of return on your money. The rate may be less if compared to other types of annuities; however, this form of annuity is the safest. Even during the period of saving the money for the annuity with the insurance provider, you earn the fixed rate of interest. Therefore, the amount of money that is with your insurance provider keeps growing at the fixed rate of interest mentioned in the annuity contract.

Since annuities come with the tax-deferred feature, you can pay back the tax for the money you invest in an annuity, at a later date. This means, you also earn the interest on the money that you would have paid to the government as taxes, if you had not purchased the annuity.

Variable Annuity:

If you buy a variable annuity, you earn a variable rate of interest. The market forces decide the rate of interest on this annuity because the money you invest is tagged with a portfolio of investment at the market rate. Naturally, the risk in these annuities is at the maximum.

Equity Indexed Annuity:

In an equity-indexed annuity the returns are variable as the annuity is linked with the stock market but the insurance provider guarantees a limit beyond which your returns will never fall. Hence, these are more secure than variable annuities.

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Tax Deferred Annuities

Tuesday, May 5th, 2009

Deferred annuity is a type of annuity contract that delays payments of income, installments or a lump sum until the investor elects to receive them. This type of annuity has two main phases, the savings phase in which you invest money into the account, and the income phase in which the plan is converted into an annuity and payments are received.

Tax-deferred annuity is regarding receiving payments usually at retirement or at some future date. However in most cases, there are systematic withdrawal of payments beginning thirty days after the purchase of your annuity, up to 10% per year. With deferred annuity, one have the option of paying in the lump sum that is all at once. Otherwise periodic statements could be made either fixed or variable. These funds mature as tax-deferred until for one is ready to receive payments. If one does not need immediate income from annuity, then tax deferred annuity is generally recommended. It makes up a large majority of all annuity sales.

This annuity is basically meant for earning additional interest on the money that would otherwise have been paid as taxes. The main importance of tax deferred annuity is that it allows to delay paying taxes on the growth in an annuity until you actually withdraw your funds.

Deferred annuity considered best for people who want to save on a tax-deferred basis for many years. On contrary to an immediate annuity, Tax on deferred annuity do not become payable until some years after its purchase. Converting build up capital into an annuity, the single premiums or regular premiums are capitalized during the deferred period. Deferred annuity typically stipulate that payments be made to the Annuitant at a later date when the annuitant reaches a certain age.

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Tax Sheltered Annuity

Tuesday, May 5th, 2009

Tax-Sheltered Annuity (TSA), also known as a 403(b), is an alternative retirement savings plan. Not everyone can participate in this plan, and it is restricted to those who are employed by educational, cultural, or non-profit organizations such as religious groups (also known as 501 (c)(3) organizations).

TAX-SHELTERED ANNUITY BENEFITS

Contributions to a Tax-Sheltered Annuity are done through a payroll deduction and are therefore taken out pre-tax. This feature of a Tax-Sheltered Annuity is very beneficial since your contributions are not seen as income and you may pay less federal tax at the end of the year. A Tax-Sheltered Annuity is also tax deferred during the accumulation phase. This means you will not pay any taxes on the amount you contribute or the interest earned until you begin the withdrawal phase.

If your plan allows, you may elect to contribute post-tax money to your Tax-Sheltered Annuity by using your paycheck. Any money you contribute post-tax must be declared on your income tax return and is not subject to the tax-deferred exemption. When selecting a Tax-Sheltered Annuity you may choose between fixed and variable, or a combination of the two.

It is possible to take loans from your Tax-Sheltered Annuity, but these loans are limited to the lesser of $50,000 or fifty percent of your vested amount. Another feature of a Tax-Sheltered Annuity is the ability to rollover funds into other investment options. For example, it is possible to use your 403(b) to fund your 401(k), Individual Retirement Account (IRA), or another 403(b).

It is important to check any contribution limits or rules established by the new plan administrator before committing to a rollover. If you die before receiving payments, your beneficiaries are entitled to similar options using your Tax-Sheltered Annuity. A spouse is entitled to all of the aforementioned options, while a non-spouse is prohibited from using your annuity money to fund an IRA. A non-spouse beneficiary is only able to transfer funds from one 403(b) to another.

CONTRIBUTION LIMITS OF A TAX-SHELTERED ANNUITY

Unlike a regular deferred annuity, there are maximum contribution limits determined by the Internal Revenue Service (IRS) for each year. Beginning in 2006 the maximum personal (elective) contribution limit was increased to $15,000 per year, up from $14,000 in 2005. Also in 2006, your employer (non-elective) may choose to contribute to your Tax-Sheltered Annuity with a combined maximum contribution limit of $ 44,000.

You may be able to contribute up to $5000 more per year if you are age 50 or older and an additional $3000 per year if you have been with the same company for more than fifteen years. Failure to comply with these contribution limits can result in additional taxes and penalties for both the employee and contributing employer.

TAX PENALTIES OF TAX-SHELTERED ANNUITY AND AGE REGULATIONS

As with the deferred annuity, a Tax-Sheltered Annuity is used to supplement retirement income. If you decide to withdraw money prior to age 59 ½ you will be subject to a ten percent penalty by the IRS in addition to the standard income tax. There are a few exceptions to paying this penalty, although specific criteria must be met.

If you leave the service, encounter extreme and immediate financial hardship, or become disabled you can avoid paying the ten percent penalty. Although the ten percent penalty is not enforced in these cases, you are still responsible for paying income tax on the money you withdraw. You must begin taking minimum payments from your Tax-Sheltered Annuity in either the same year as your retire or by age 70 ½, whichever comes first.

Failure to do so will result in a fifty percent excise tax on the money you should be receiving. The only exception to this age restriction pertains to all contributions made to a Tax-Sheltered Annuity prior to January 1, 1987. Anyone who paid into a Tax-Sheltered Annuity before this date is allowed to defer withdrawal until age 75. If you die before the withdrawal period your beneficiaries may receive payouts from your Tax-Sheltered Annuity without paying the ten percent penalty, but they are still responsible for the income taxes.

Regulations on tax compliance change every few years to accommodate inflation rates, and it is important to familiarize yourself with these changes to avoid penalties from the IRS. Helpful resources including articles, worksheets, and an updated FAQ page can be located at www.irs.gov and search for keywords “tax sheltered annuity.”

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