Are all annuities in the US subject to penalties for "cashing out" before age 59-1/2?
I invested an inheritance into an annuity (without really understanding it). The cash value has increased, and I have the opportunity of cashing out. My broker (who is uncomfortably young) and my tax guy are saying different things about taxes due on the growth. The broker says I will owe cap gains taxes; my accountant (who is unfamiliar with the specific annuity) says that annuities are, pretty much by definition, subject to income taxes PLUS a 10% penalty for cashing out before age 59-1/2. The annuity is NOT in any protected vehicle like a 401k or IRA. Who do we fire?
I purchased the annuity with money I inherited. I paid taxes on the inheritance. After taxes, I had ,000 left. I purchased the annuity with these 90,000 after-tax dollars; as such, I believe it is a non-qualified annuity.
Rather than taking periodic payments, I surrendered the annuity several years later, just before the maturity date, paying a surrender fee to the insurance company. (I had held the annuity for so long, and it was so close to the maturity date, that the surrender fee was minimal; I chose to surrender it since tax rates were scheduled to increase on Jan 1, and the surrender fee was much less than the potential increased tax liability.) I received 3,000 for surrendering the annuity.
1) Do I owe income tax or cap gains on the ,000 profit? (My broker and the insurance company say cap gains; my tax guy says income tax.)
2) Do I owe the IRS an extra 10% on top of this since I surrendered it before age 59-1/2?
3) If I owe the IRS a 10% penalty, then WTF i