What is the 5-year rule for annuities? - CBS News
By
Angelica Leicht
Senior Editor, Managing Your Money
Angelica Leicht is the senior editor for the Managing Your Money section for CBSNews.com, where she writes and edits articles on a range of personal finance topics. Angelica previously held editing roles at The Simple Dollar, Interest, HousingWire and other financial publications.
/ CBS News

In today's uncertain financial environment, annuities can seem like the quiet, dependable retirement funding option, offering guaranteed income and helping protect against outliving your savings. And, with sticky (but cooling) inflation still putting pressure on household budgets and the stock market delivering mixed signals, the idea of guaranteed monthly payouts is even more appealing, especially for those nearing retirement or planning their estate.
But while annuities can offer stability, they also come with some complex rules that aren't always obvious at first glance. One of the most important, particularly for those who want to leave an annuity to their loved ones is the five-year rule. This Internal Revenue Service (IRS) regulation isn't about investment performance or insurance guarantees, though. It's about how and when beneficiaries can take money out of an annuity after the original owner dies, and how much they will end up owing in taxes.
So, whether you already own an annuity or expect to inherit one, understanding the five-year rule now can help you avoid costly mistakes later. Let's take a look at how that rule works and what you should do to stay ahead of it.
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The 5-year rule is an IRS regulation that affects how non-spouse beneficiaries must take distributions from an inherited annuity when the original contract owner dies. It essentially requires that the entire value of the annuity be distributed, either all at once or in multiple withdrawals, within five years of the original owner's death.
Here's the key thing to understand: If the annuity owner dies and the beneficiary doesn't elect a different payout method, like annuitizing the contract over their own life expectancy or taking a lump sum right away, the IRS steps in with the five-year clock. Once that clock starts ticking, the beneficiary has up to five years to drain the account. Fail to meet that deadline, and the IRS could hit you with taxes and penalties.
Not all annuities are subject to this rule, however. It generally applies to non-qualified annuities, which are funded with after-tax dollars, and only comes into play when the beneficiary is not a spouse. If a spouse inherits an annuity, they have more flexibility and can often assume the contract as their own, avoiding the five-year requirement altogether.
Another important factor to know is that the rule is about distributions, not necessarily when taxes are due. Any untaxed earnings in the annuity become taxable when withdrawn. So if a beneficiary waits until year five and takes a lump sum, that entire withdrawal could be taxed as ordinary income in a single year, potentially pushing them into a higher tax bracket.
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The five-year rule isn't just an obscure footnote. It can have real consequences for how you structure your estate plan and how your loved ones manage an inherited annuity, so it pays to be proactive. Here's how to do that:
If you're the annuity owner, think carefully about who your beneficiaries are and what kind of payout might make the most sense for them. A younger beneficiary might benefit more from a life expectancy payout rather than being forced to take the money over five years. Working with a financial advisor can help you structure your annuity to give your heirs more flexibility.
If you inherit an annuity, don't ignore the paperwork. The five-year rule often kicks in by default if the beneficiary doesn't make an election within a certain period (typically 60 days). That means if you don't act, you could lose the opportunity to spread distributions (and the taxes) over a longer period.
For beneficiaries, understanding the tax implications is crucial. The funds withdrawn from an annuity are usually taxed as ordinary income, so the larger the withdrawal in any one year, the bigger the potential tax bill. If you wait until the final year of the five-year window and take a lump sum, that entire amount could significantly increase your tax liability.
It's also worth noting that the five-year rule is just one of several options available to annuity beneficiaries. In some cases, you can elect a stretch payout based on life expectancy (often called a nonqualified stretch), especially if the annuity allows it and if the beneficiary acts quickly. But if the contract doesn't allow it, or if the beneficiary doesn't make the election, the five-year rule becomes the default.
The five-year rule for annuities might not be something you think about every day, but it's one of those fine-print details that can have a big impact, especially if you're on the receiving end of an inherited annuity. Whether you're the owner of the annuity or the named beneficiary, understanding how this rule works can save you from major tax headaches and ensure the money is distributed in a way that aligns with your financial goals.
In short: Don't wait until you're up against a deadline. If you own an annuity, talk to your advisor about how it fits into your estate plan. And if you inherit one, get help early to make sure you understand your distribution options. The five-year rule isn't flexible, but with the right planning, you can be.
Angelica Leicht is the senior editor for the Managing Your Money section for CBSNews.com, where she writes and edits articles on a range of personal finance topics. Angelica previously held editing roles at The Simple Dollar, Interest, HousingWire and other financial publications.