Author Topic: [update] inherited annuity and AMT?  (Read 2014 times)

bortman

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[update] inherited annuity and AMT?
« on: December 19, 2016, 08:37:52 PM »
My wife is the beneficiary of a MetLife insurance annuity and we're trying understand the tax ramifications. We feel extremely fortunate for the gift that DW's uncle left and I think he would appreciate that we're taking a Mustachian approach to managing his gift.

After speaking with the MetLife agent it looks like amount that is taxable is about $110,000. I'm worried that this will put us into AMT territory.

There are two options to receive the money: payout (lump sum or distributed over 5 years) or annuitization in DW's name with Met Life. Realistically, we're trying to decide between lump sum and stretching over 5 years because MetLife's fixed fees are 1.3% and ERs are 0.4-0.8%.

Unless there's a tax benefit, it seems like it would be better to take a lump sum so we could get it into our own investment account ASAP. My concern is that if we stretched it over 5 years we would still be subject to AMT each year anyway and we'd end up paying the same cummulative amount in tax.

Without the inherited $110,000 our 2016 federal tax situation should look something like this:

DINKs, married filing jointly
AGI:   $99,000
taxable income: $75,500
457b me: $18,000
403b me: $10,500
457b DW: $18,000
403b DW:   $3,500

FWIW, tax year 2017 could be different if 1) I get a different job where only a 401k is available and 2) the addition of the money DW inherited. If I stay at my current job, DW and I would likely max-out our 403b's and 457b's to offset the potential tax hit. However, we have to plan on our current employment situation continuing.

We've yet to run "what if" scenarios, or do the IRS Form 6251 (AMT worksheet). We plan to do this over the xmas holidays when we can dedicate more brain power.

Any advice or links to good AMT-related resources would be appreciated.

Thanks!
« Last Edit: February 10, 2017, 07:00:09 PM by bortman »

ender

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Re: inherited annuity and AMT?
« Reply #1 on: December 20, 2016, 04:19:15 PM »
How close are you to ER?

You could just plan on taking a year long break starting after you max out your retirement next year.

bortman

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Re: inherited annuity and AMT?
« Reply #2 on: December 20, 2016, 07:21:22 PM »
@ender, I'm not as close to ER as I'd like to be, but maybe in 5 years, so I certainly considered this option. Maybe it would be worth deferring until year 5.

Or, maybe if I take a portion each year for 5 years then that would keep us away from the AMT. I still need to do my what-ifs.

Mighty-Dollar

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Re: inherited annuity and AMT?
« Reply #3 on: December 20, 2016, 07:25:11 PM »
I always thought that the inheritance amount is taxed AND THEN you get it tax free unless you're in a state that taxes inheritances. Ask Met Life then confirm whatever they say with your accountant because insurance companies are famous for giving erroneous information.

If there are no tax consequences then I would definitely get out of that annuity. Annuities are inferior financial products. Don't ever go near an annuity again.

bortman

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Re: inherited annuity and AMT?
« Reply #4 on: December 21, 2016, 07:11:21 AM »
@Mighty-Dollar, I think you're implying that the estate would pay the tax on the $110k, and then we would receive what's left. That's not how I understand it. The $110k has never been taxed, and it won't be taxed until we accept it, therefore we're on the hook for taxes.

The MetLife agent told us that we'll receive a 1099 (1099R, I think?) showing that amount as the "taxable amount". If they provide a 1099 then, regardless of what the insurance agent has told us, we must report it on our tax return. After doing a lot of research online it looks like this is true. I'm going to investigate further, and though we've never used an account we may consult a flat-fee CPA soon.

Regarding annuities: rest assured that we won't roll this into another annuity. We've yet to find a scenario where this makes sense, even with the tax hit.

Spork

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Re: inherited annuity and AMT?
« Reply #5 on: December 21, 2016, 07:14:26 AM »
I always thought that the inheritance amount is taxed AND THEN you get it tax free unless you're in a state that taxes inheritances. Ask Met Life then confirm whatever they say with your accountant because insurance companies are famous for giving erroneous information.

If there are no tax consequences then I would definitely get out of that annuity. Annuities are inferior financial products. Don't ever go near an annuity again.

I'm not an expert.  I've just dealt with some parental death in the last year. 

Where I have seen it pay like what you describe is when the beneficiary is the estate itself (and not individual people).  In that case, it pays the estate and gets distributed "tax free" -- but the estate then pays income tax for it that year.

bortman

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[update] Re: inherited annuity and AMT?
« Reply #6 on: February 10, 2017, 06:56:53 PM »
Reviving an old thread here to seek ideas, but also to rant a little.

TL;DR
It turns out that we'll owe tax on $205k rather than $110k, as I first reported. That means that we'll need to pay a lot more tax than we had withheld (pushed us into the 33% bracket), and our 2017 taxes will be much higher than expected. The reason: though the only statement that we saw showed $110k in taxable gains, at some point (this is a guess) DW's uncle rolled tax-deferred money into the annuity. But, MetLife won't show us any evidence that this is the case.

I'm looking for input on a few things:

1) Ideas for minimizing the taxes we pay for 2017.

2) Since the taxable amount is $95k higher than we expected, the amount we had withheld was too low and we're wondering if we need to make estimated payments to avoid being penalized.
(https://www.irs.gov/taxtopics/tc306.html)

3) I'm unclear on what "taxable amount" means. Will this all be taxed as regular income? Much of the gains should be long-term. Will the 1099-R that we get in Jan 2018 parse out long-term vs short-term capital gains? Or is this moot since the money has been inherited?
(sorry about the dumb question .. it's all tax-deferred, so long-/short-term is irrelevant)

4) Is there any recourse for MetLife's general d-baggery in handling this?


Our 2017 tax forecast:

DINKs, married filing jointly
AGI:   ???? (not sure now considering annuity switcharoo)
taxable income: $77,500 + $205,000
me 457b + 403b: $36,000
DW 457b + 403b: $36,000

Once we learned of the taxable $110k from the annuity we decided to max our tax-deferred saving. We're fortunate that we both have access to 403b and 457b, but now we'll be taxed on $95k more income.

BTW, even with the taxes and MetLife's misinformation, we realize how fortunate we are to have this "problem" and are very appreciative to DW's late uncle. I think he would have wanted us to stir up some shit on this considering how MetLife has handled it.

Any feedback is appreciated.
Thanks!


Here's the story the long backstory:

Back in Dec 2016 we talked with the MetLife insurance agent in NY who handled DW's uncle's insurance-related affairs, including the annuity that DW inherited. At that time, and several times since then, he told us that the taxable portion of the annuity was $110k. He sent a quarterly statement from Jun 2016 that said as much (i.e. it has column labeled "Net Gain or Loss or Interest Earnings"). The agent maintained that the number in this column -- $110k -- was the only part that was taxable.

DW tried to get it in writing, or get an updated account statement, but the agent wouldn't provide it. He told us he couldn't because the account was not in DW's name, she is just the beneficiary. The account belongs to the estate of the uncle. Catch 22.

Eventually, after dealing with the agent's old-school way of doing business (asking us to fax documents, terrible email correspondence, scanning and emailing forms that are readily available as PDFs online) we shifted to dealing with MetLife "HQ" in IA.

DW called the MetLife 800 number and spoke with a customer service rep a few times. Talking to the CSR got us the necessary paperwork to request the lumpsum payout. They had answers for all our questions, but wouldn't provide us with a statement that showed the taxable amount for the same Catch-22 reason that the old-school MetLife agent gave: account isn't in DW's name.

So, we completed the paperwork and checked the box for MetLife to withhold federal and state tax at 25% and 4%, respectively (realizing this was probably an over estimate on the federal).

The money was direct deposited into our bank account today and the total was less than we had calculated.

DW called MetLife HQ and asked why the discrepancy? The CSR laid out the amount of the lumpsum, taxable portion, and the dollar-equivalent of the % withholding we specified. The CSR then emails DW a statement that shows all this, and the taxable portion is $205k.

DW asks CSR: "I was told all along that taxable portion was $110k. The MetLife agent in NY told me this repeatedly, and sent me several emails stating this. If I would have known I'd be taxed on $205k rather than $100k then I would have considered other options .. like deferring until my husband quits his job ... "

CSR: "Well, you're responsible for the taxes. We can't advise on that".

DW: "But the numbers the agent gave me were wrong, and neither you nor he would provide me with a statement".

CSR: "The agent isn't employed by MetLife; he doesn't work for MetLife"

DW: "WTF? So why does the agent's name and address appear under "copy to:" in the statement you just emailed to me?"

CSR: "Uh ..."

DW: "So where did the additional taxable $95k come from?"

CSR: "I bet it was a 1035 transfer from another tax-deferred annuity"

DW: "Can you send me a statement that shows this?"

CSR: "No, because it is not your account. You are the beneficiary of the annuity, not the owner."

DW: "Seriously?"
« Last Edit: February 13, 2017, 06:24:17 PM by bortman »

Catbert

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Re: [update] inherited annuity and AMT?
« Reply #7 on: February 11, 2017, 11:28:18 AM »
Can't speak to the annuity/MetLife clusterfuck.

As for those taxes, max out all your retirement accounts.  If you may change jobs max out the option that you might lose.

Is there any income you can defer until 2018?  (e.g., ask to delay a work bonus)  Or deductions you can accelerate?  (donate more to charity in 2017 and none in 2018, pay property tax early etc.)  Unfortunately there are really no magic answers.


MDM

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Re: [update] inherited annuity and AMT?
« Reply #8 on: February 11, 2017, 04:54:17 PM »
Who is the estate executor?  That person should be entitled to all the information, and could forward it to you.

You probably fit into the "have withheld more than 110% of last year's tax" safe harbor and won't owe a penalty on tax due - but see Who Must Pay Estimated Tax to check for sure.

Spork

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Re: [update] inherited annuity and AMT?
« Reply #9 on: February 11, 2017, 07:29:53 PM »
The amounts are different, but ... much the same happened to me with TWO different insurance companies.  (Allstate and Mass Mutual)

Agent: There will be almost no taxable income.  He rolled this over from another policy a couple of years ago, so it's only been there a couple of years.  I would advise you not to take any taxes out.
Me: Is there any way I could get any documentation?  I would like actual amounts for tax planning purposes.
Agent: I will try.  I will get back to you after I contact corporate.

Well... "almost no taxable income" means that 88% of it was taxable income
---
Agent2: He never signed his beneficiary statement.  He sent us one, but it wasn't signed, so it will pay to the estate.
Me: so... is that taxable?
Agent2: yes, but the way that works is that the estate will have to pay the taxes on it
<8 months later>
CPA: so.. the estate will pass the taxes on to the beneficiaries with a schedule K-1...

I still don't have any documentation, but my tax planning for 2016 would have yielded $0 taxes.  I paid in nothing in estimated taxes.  My tax bill will be really big this year (and I'll be paying back ACA subsidies.)

bortman

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Re: [update] inherited annuity and AMT?
« Reply #10 on: February 13, 2017, 07:11:13 PM »
@mary w:
Good advice on the tax-deferred retirement accounts. I'm going to my HR dept to re-do my  457b and 403b contributions. I've been wanting out of my job for some time, so I'm going to max front-load the 457b and then switch to front-load the 403b.

I have no income to defer. And "ask to delay a bonus" .. they've already delayed my bonus for 11 years ;-)

Regarding paying property tax early .. is this really possible? How would I do this? Just call the city/county and ask them?

@MDM:
The executor was a local bank. I'll see if I can get them to provide more information.

On the "110% of last year's tax safe harbor", I found this Q&A:
https://www.irs.gov/individuals/tax-trails-do-you-have-to-pay-estimated-tax-5

Q: "Do you expect your income tax withholding and refundable credits for the current year to be at least 100% of the tax shown on your prior year's tax return?"
A: "yes" since our taxable 2016 income is ~$75,500 (paid ~$10k) and our 2017 will be ~$77,500 (paid ~$10k) + $205,000 (had MetLife withhold ~$51,000)

I'm hoping that this is the right answer, but I'll triple check before I let too much time pass. If anyone sees a hole in this then please let me know.


MDM

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Re: [update] inherited annuity and AMT?
« Reply #11 on: February 13, 2017, 07:31:10 PM »
On the "110% of last year's tax safe harbor", I found this Q&A:
https://www.irs.gov/individuals/tax-trails-do-you-have-to-pay-estimated-tax-5

Q: "Do you expect your income tax withholding and refundable credits for the current year to be at least 100% of the tax shown on your prior year's tax return?"
A: "yes" since our taxable 2016 income is ~$75,500 (paid ~$10k) and our 2017 will be ~$77,500 (paid ~$10k) + $205,000 (had MetLife withhold ~$51,000)

I'm hoping that this is the right answer, but I'll triple check before I let too much time pass. If anyone sees a hole in this then please let me know.
Withholding $51K when the previous year's tax bill was $10K puts you in a very safe harbor.  No penalty for you.