IRS delivers 'game changer' for fee-based annuities

IRS delivers 'game changer' for fee-based annuities
Agency issued a private letter ruling to Nationwide indicating that pulling an advisory fee from the annuity doesn't create a taxable event.
AUG 09, 2019
The Internal Revenue Service has issued a tax ruling that may quickly boost the use of annuities by registered investment advisers with clients, by knocking down what many saw as the primary road block to their uptake. The IRS furnished a private letter ruling to insurer Nationwide allowing RIAs to pull clients' advisory fees from the cash value of a non-qualified fee-based annuity without any adverse tax consequences, which runs counter to the existing rules. "That's a game changer for fee-based annuities," said Sheryl Moore, president and CEO of consulting firm Moore Market Intelligence. "That's been one of the huge issues: People were concerned that if you take a withdrawal from the annuity to pay the adviser's fee you create a taxable event." [Recommended video: Ed Slott: IRA rollover decision is a high value opportunity for advisers] The tax rules addressed in the recent IRS ruling had created a conundrum for RIAs that are compensated with an annual asset-based fee rather than a commission. Pulling an adviser's fee from a non-qualified annuity policy, which is sold outside a retirement account such as an IRA, counted as a taxable distribution for the client at ordinary income rates, as reflected on a 1099 tax form. Further, if the client were less than 59 ½ years old there was also a 10% penalty on the distribution. The rules are different for qualified annuities sold in retirement accounts — the IRS allows advisory fees to be pulled from these annuities without tax consequence to the client. The rules on non-qualified annuities were not only a nuisance for the client, but also effectively made the adviser's advice more expensive. Advisers had workarounds, such as pulling the annuity fee from other client accounts. That had drawbacks, though, since it may have appeared to the client to dilute performance of those accounts. Advisers who didn't manage other client assets also didn't have this option available. "This is a big win for RIAs and fee-based advisers," Craig Hawley, head of Nationwide Advisory Solutions, said of the private letter ruling. The ruling, issued Aug. 6, comes at a time when fee-based (also known as no-load) annuities have become more popular. Insurers sold $3.2 billion of fee-based variable annuities in 2018, up 42% from the year before, according to the Limra Secure Retirement Institute. They now represent around 3% of overall VA market share, double their share in 2016. Insurers launched a slew of products in 2016 and 2017, around the time the Department of Labor fiduciary rule, now defunct, looked as if it would push more clients into fee-based arrangements. Insurers such as Jackson National Life Insurance Co. have recently made efforts to boost distribution of fee-only products. There are caveats to the recent private letter ruling. For one, it technically only applies to Nationwide and its annuity products, but Mr. Hawley believes it will be "impactful across the industry" and may lead other insurers to seek a similar ruling. Further, the advisory fee can't exceed 1.5% of the annuity contract's cash value. The fee must be taken only for management of the annuity contract, meaning an adviser managing other client accounts could not pull the fee for managing all those accounts just from the annuity, for example.

Latest News

AI investing takes hold far beyond Wall Street, new data shows
AI investing takes hold far beyond Wall Street, new data shows

A state-by-state analysis of retail investor behavior reveals AI-powered research tools are reshaping how clients approach investment decisions.

Advisor moves: LPL lands $1.1B Georgia team as Wells Fargo loses and wins
Advisor moves: LPL lands $1.1B Georgia team as Wells Fargo loses and wins

LPL picks up $1.1B from Wells Fargo's independent channel as the wirehouse gains a $410M family team from UBS.

Long-term care gap puts advisors in the spotlight as boomer costs soar
Long-term care gap puts advisors in the spotlight as boomer costs soar

Most Americans want to age at home but few have a financial plan to pay for it, according to new research.

Annuities for RIAs: Why fee-only advisors still hit a wall
Annuities for RIAs: Why fee-only advisors still hit a wall

Halbert Hargrove senior wealth advisor weighs in on the products' guaranteed income upside, the operational drag and his wish list for carriers.

Broker-dealers must lean on tech, brand as advisors weigh options
Broker-dealers must lean on tech, brand as advisors weigh options

With 8.6% of advisors set to switch firms in 2026, Cerulli says advisor recruitment hinges on technology, branding and HNW support.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor