Publication 939
taxmap/pubs/p939-002.htm#TXMP62dbb644In figuring, under the General Rule, the taxable part of your
annuity payments that you are to get for the rest of your life (rather than for
a fixed number of years), you must use one or more of the actuarial tables in
this publication.
taxmap/pubs/p939-002.htm#TXMP04934c06Effective July 1, 1986, the Internal Revenue Service adopted
new annuity Tables V through VIII, in which your sex is not considered when
determining the applicable factor. These tables correspond to the old Tables I
through IV. In general, Tables V through VIII must be used if you made
contributions to the retirement plan after June 30, 1986. If you made no
contributions to the plan after June 30, 1986, generally you must use only
Tables I through IV. However, if you received an annuity payment after June 30,
1986, you may elect to use Tables V through VIII (see
Annuity received after June 30, 1986,
later).
taxmap/pubs/p939-002.htm#TXMP4eb840c2Although you generally must use Tables V through VIII if you
made contributions to the retirement plan after June 30, 1986, and Tables I
through IV if you made no contributions after June 30, 1986, you can make the
following special elections to select which tables to use.
taxmap/pubs/p939-002.htm#TXMP5ca2ae54If you made contributions to the retirement plan both before
July 1986 and after June 1986, you may elect to use Tables I through IV for the
pre-July 1986 cost of the contract, and Tables V through VIII for the post-June
1986 cost. (See the examples below.)
Making the election.
Attach this statement to your income tax return for the first
year in which you receive an annuity:
"I elect to apply the provisions of paragraph (d) of section
1.72–6 of the Income Tax Regulations."
The statement must also include your name, address, social security
number, and the amount of the pre-July 1986 investment in the contract.
If your investment in the contract includes post-June 1986 contributions
to the plan, and you do not make the election to use Tables I through IV and
Tables V through VIII, then you can only use Tables V through VIII in figuring
the taxable part of your annuity. You must also use Tables V through VIII if you
are unable or do not wish to determine the portions of your contributions which
were made before July 1, 1986, and after June 30, 1986.
Advantages of election.
In general, a lesser amount of each annual annuity payment is
taxable if you separately figure your exclusion ratio for pre-July 1986 and
post-June 1986 contributions.
 | If you intend to make this election, save your records that
substantiate your pre-July 1986 and post-June 1986 contributions. If the death
benefit exclusion applies (see discussion, earlier), you do not have to
apportion it between the pre-July 1986 and the post-June 1986 investment in the
contract. |
The following examples illustrate the separate computations required
if you elect to use Tables I through IV for your pre-July 1986 investment in the
contract and Tables V through VIII for your post-June 1986 investment in the
contract.
taxmap/pubs/p939-002.htm#TXMP51d32b41Example 1.
Bill, who is single, contributed $42,000 to the retirement plan
and will receive an annual annuity of $24,000 for life. Payment of the $42,000
contribution is guaranteed under a refund feature. Bill is 55 years old as of
the annuity starting date. For figuring the taxable part of Bill's annuity, he
chose to make separate computations for his pre-July 1986 investment in the
contract of $41,300, and for his post-June 1986 investment in the contract of
$700.
| | | | Pre-
July 1986
| | Post-
June 1986
|
|---|
| A. | Adjustment for refund feature | | | |
| | 1) Net cost | $41,300 | | $700 |
| | 2) Annual annuity—$24,000
($41,300/$42,000 × $24,000)
| $23,600 | | |
| | ($700/$42,000 × $24,000) | | | $400 |
| | 3) Guarantee under contract | $41,300 | | $700 |
| | 4) No. of years payments
guaranteed (rounded), A(3) ÷ A(2)
| 2 | | 2 |
| | 5) Applicable percentage from
Tables III and VII
| 1% | | 0% |
| | 6) Adjustment for value of refund
feature, A(5) × smaller of A(1)
or A(3)
| $413 | | $0 |
| B. | Investment in the contract | | | |
| | 1) Net cost | $41,300 | | $700 |
| | 2) Minus: Amount in A(6) | 413 | | 0 |
| | 3) Investment in the contract | $40,887 | | $700 |
| C. | Expected return | | | |
| | 1) Annual annuity receivable | $24,000 | | $24,000 |
| | 2) Multiples from Tables I and V | 21.7 | | 28.6 |
| | 3) Expected return, C(1) × C(2) | $520,800 | | $686,400 |
| D. | Tax-free part of annuity | | | |
| | 1) Exclusion ratio as decimal,
B(3) ÷ C(3)
| .079 | | .001 |
| | 2) Tax-free part, C(1) × D(1) | $1,896 | | $24 |
The tax-free part of Bill's total annuity is $1,920 ($1,896 plus
$24). The taxable part of his annuity is $22,080 ($24,000 minus $1,920). If the
annuity starting date is after 1986, the exclusion over the years cannot exceed
the net cost (figured without any reduction for a refund feature).
taxmap/pubs/p939-002.htm#TXMP4bb565ecExample 2.
Al is age 62 at his nearest birthday to the annuity starting
date. Al's wife is age 60 at her nearest birthday to the annuity starting date.
The joint and survivor annuity pays $1,000 per month to Al for life, and $500
per month to Al's surviving wife after his death. The pre-July 1986 investment
in the contract is $53,100 and the post-June 1986 investment in the contract is
$7,000. Al makes the election described in Example 1.
For purposes of this example, assume the refund feature adjustment
is zero. If an adjustment is required, IRS will figure the amount. See
Requesting a Ruling on Taxation of Annuity
near the end of this publication.
| | | | Pre-
July 1986
| | Post-
June 1986
|
|---|
| A. | Adjustment for refund feature | | | |
| | 1) Net cost | $53,100 | | $7,000 |
| | 2) Annual annuity—$12,000
($53,100/$60,100 × $12,000)
| $10,602 | | |
| | ($7,000/$60,100 × $12,000) | | | $1,398 |
| | 3) Guaranteed under the contract | $53,100 | | $7,000 |
| | 4) Number of years guaranteed,
rounded, A(3) ÷ A(2)
| 5 | | 5 |
| | 5) Applicable percentages | 0% | | 0% |
| | 6) Refund feature adjustment, A(5) × smaller of A(1)
or A(3) | 0 | | 0 |
| B. | Investment in the contract | | | |
| | 1) Net cost | $53,100 | | $7,000 |
| | 2) Refund feature adjustment | 0 | | 0 |
| | 3) Investment in the contract adjusted for refund feature | $53,100 | | $7,000 |
| C. | Expected return | | | |
| | 1) Multiple for both annuitants from Tables II and VI | 25.4 | | 28.8 |
| | 2) Multiple for first annuitant from Tables I and V | 16.9 | | 22.5 |
| | 3) Multiple applicable to surviving annuitant, subtract C(2)
from C(1) | 8.5 | | 6.3 |
| | 4) Annual annuity to surviving annuitant | $6,000 | | $6,000 |
| | 5) Portion of expected return for surviving annuitant, C(4)
× C(3) | $51,000 | | $37,800 |
| | 6) Annual annuity to first annuitant
| $12,000 | | $12,000 |
| | 7) Plus: Portion of expected return for first annuitant,
C(6) × C(2) | $202,800 | | $270,000 |
| | 8) Expected return for both annuitants, C(5) + C(7) | $253,800 | | $307,800 |
| D. | Tax-free part of annuity | | | |
| | 1) Exclusion ratio as a decimal, B(3) ÷ C(8) | .209 | | .023 |
| | 2) Retiree's tax-free part of annuity, C(6) × D(1) | $2,508 | | $276 |
| | 3) Survivor's tax-free part of annuity, C(4) × D(1) | $1,254 | | $138 |
The tax-free part of Al's total annuity is $2,784 ($2,508 + $276).
The taxable part of his annuity is $9,216 ($12,000 − $2,784). The
exclusion over the years cannot exceed the net cost of the contract (figured
without any reduction for a refund feature) if the annuity starting date is
after 1986.
After Al's death, his widow will apply the same exclusion percentages
(20.9% and 2.3%) to her annual annuity of $6,000 to figure the tax-free part of
her annuity.
taxmap/pubs/p939-002.htm#TXMP0f41afbbIf you receive an annuity payment after June 30, 1986, (regardless
of your annuity starting date), you may elect to treat the entire cost of the
contract as post-June 1986 cost (even if you made no post-June 1986
contributions to the plan) and use Tables V through VIII. Once made, you cannot
revoke the election, which will apply to all payments during the year and in any
later year.
Make the election
by attaching the following statement to your income tax return.
"I elect, under section 1.72–9 of the Income Tax Regulations,
to treat my entire cost of the contract as a post-June 1986 cost of the plan."
The statement must also include your name, address, and social
security number.
You should also indicate you are making this election if you
are unable or do not wish to determine the parts of your contributions which
were made before July 1, 1986, and after June 30, 1986.
taxmap/pubs/p939-002.htm#TXMP1b4df8c8If your annuity starting date is after June 30, 1986, and the
contract provides for a disqualifying form of payment or settlement, such as an
option to receive a lump sum in full discharge of the obligation under the
contract, the entire investment in the contract is treated as post-June 1986
investment in the contract. See regulations section 1.72–6(d)(3) for
additional examples of disqualifying forms of payment or settlement. You can
find the Income Tax Regulations in many libraries and at Internal Revenue
Service Offices.