Are there any tax implications when purchasing a QLAC?

When an employee contributes to a QLAC, the contribution is made on a pre-tax basis. This means that the employee does not have to pay income tax on the contribution amount in the year it is made. However, when the annuity contract begins paying out income, it may be subject to income tax as well as taxes such as estate tax.

When must Form 1098-Q be filed with the IRS and furnished to participants?

Form 1098-Q must be filed with the IRS and furnished to participants annually, beginning with the year in which premiums for a contract are first paid.

Who is considered a beneficiary under paragraph (c)(1) or (c)(2) of Q&A-17?

A designated beneficiary, as defined in section 401(a)(9)-8, may be a beneficiary under paragraph (c)(1) or (c)(2) of Q&A-17.

Which types of retirement plans require the filing of Form 1098-Q if they offer a QLAC?

Plans described in section 401(a), 403(a), 403(b), 408 (other than a Roth IRA) or eligible governmental plans under section 457(b).

What happens to a QLAC upon the death of the employee?

Upon the death of an employee, their designated beneficiary (if any) will receive the proceeds from the QLAC. If there is no designated beneficiary, the deceased employee's estate will be the beneficiary. The beneficiary may elect to receive the funds as a lump sum or as periodic payments over their lifetime. Additionally, if the employee has not yet reached their annuity starting date, the QLAC will provide for a return of premiums.

What is the deadline for providing a return of premium payment to a participant's beneficiary?

The return of premium payment must be paid no later than the end of the calendar year following the calendar year in which the employee dies.

Can a QLAC be purchased outside of an employer-sponsored plan?

Yes, a QLAC can be purchased outside of an employer-sponsored plan. An individual can purchase a QLAC directly from an insurance company or financial institution. However, the purchase must meet the requirements outlined in section 401(a)(9) of the Internal Revenue Code to qualify as a QLAC.

What happens to a QLAC if the issuer goes bankrupt?

If an insurance company that issued a QLAC goes bankrupt, the employee's contributions and any earnings on those contributions are generally protected. The Employee Retirement Income Security Act of 1974 (ERISA) requires that employee contributions in a qualified retirement plan be held in a separate account from employer contributions. This means that the money is usually ring-fenced and should not be affected by the issuer's bankruptcy.

What is the maximum amount that can be contributed to a QLAC?

The maximum amount that can be contributed to a QLAC depends on various factors, such as the employee's age and the type of plan in which they participate. The Internal Revenue Service sets annual limits based on the plan year, which generally begins on January 1st and ends on December 31st. For example, for tax year 2022, the maximum contribution limit for a QLAC is $140,000.

What is a qualified longevity annuity contract (QLAC)?

A QLAC is an annuity contract that meets the requirements of section 401(a)(9) of the Internal Revenue Code. It allows employees to make additional pre-tax contributions to their 401(a), 403(b), or 457(b) plans, and the funds are used to purchase an annuity contract that begins paying a guaranteed income stream at a future date, such as age 80 or 85. The QLAC must meet certain requirements, including being issued by an insurance company or other financial institution, having a minimum interest rate, and providing for a return of premiums in the event of death before the annuity starting date.

Form 1098-Q

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Qualified Longevity Annuity Contract Information

Rev. December 2019

Form 1098-Q is used by issuers to report annuity payments made from a Qualified Longevity Annuity Contract (QLAC). The form must be furnished to the participant and the IRS by January 31 following the calendar year in which the annuity payments were made. This instruction sheet explains how to complete Form 1098-Q.

Instructions

Form 1098-Q Instructions - Instructions for Form 1098-Q, Qualifying Longevity Annuity Contract Information

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Form 1098-Q

FAQ

Are there any tax implications when purchasing a QLAC?
When an employee contributes to a QLAC, the contribution is made on a pre-tax basis. This means that the employee does not have to pay income tax on the contribution amount in the year it is made. However, when the annuity contract begins paying out income, it may be subject to income tax as well as taxes such as estate tax.
When must Form 1098-Q be filed with the IRS and furnished to participants?
Form 1098-Q must be filed with the IRS and furnished to participants annually, beginning with the year in which premiums for a contract are first paid.
Who is considered a beneficiary under paragraph (c)(1) or (c)(2) of Q&A-17?
A designated beneficiary, as defined in section 401(a)(9)-8, may be a beneficiary under paragraph (c)(1) or (c)(2) of Q&A-17.
Which types of retirement plans require the filing of Form 1098-Q if they offer a QLAC?
Plans described in section 401(a), 403(a), 403(b), 408 (other than a Roth IRA) or eligible governmental plans under section 457(b).
What happens to a QLAC upon the death of the employee?
Upon the death of an employee, their designated beneficiary (if any) will receive the proceeds from the QLAC. If there is no designated beneficiary, the deceased employee's estate will be the beneficiary. The beneficiary may elect to receive the funds as a lump sum or as periodic payments over their lifetime. Additionally, if the employee has not yet reached their annuity starting date, the QLAC will provide for a return of premiums.
What is the deadline for providing a return of premium payment to a participant's beneficiary?
The return of premium payment must be paid no later than the end of the calendar year following the calendar year in which the employee dies.
Can a QLAC be purchased outside of an employer-sponsored plan?
Yes, a QLAC can be purchased outside of an employer-sponsored plan. An individual can purchase a QLAC directly from an insurance company or financial institution. However, the purchase must meet the requirements outlined in section 401(a)(9) of the Internal Revenue Code to qualify as a QLAC.
What happens to a QLAC if the issuer goes bankrupt?
If an insurance company that issued a QLAC goes bankrupt, the employee's contributions and any earnings on those contributions are generally protected. The Employee Retirement Income Security Act of 1974 (ERISA) requires that employee contributions in a qualified retirement plan be held in a separate account from employer contributions. This means that the money is usually ring-fenced and should not be affected by the issuer's bankruptcy.
What is the maximum amount that can be contributed to a QLAC?
The maximum amount that can be contributed to a QLAC depends on various factors, such as the employee's age and the type of plan in which they participate. The Internal Revenue Service sets annual limits based on the plan year, which generally begins on January 1st and ends on December 31st. For example, for tax year 2022, the maximum contribution limit for a QLAC is $140,000.
What is a qualified longevity annuity contract (QLAC)?
A QLAC is an annuity contract that meets the requirements of section 401(a)(9) of the Internal Revenue Code. It allows employees to make additional pre-tax contributions to their 401(a), 403(b), or 457(b) plans, and the funds are used to purchase an annuity contract that begins paying a guaranteed income stream at a future date, such as age 80 or 85. The QLAC must meet certain requirements, including being issued by an insurance company or other financial institution, having a minimum interest rate, and providing for a return of premiums in the event of death before the annuity starting date.

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Tax forms

Form 1098-Q is one of Tax forms that are documents used to report information about an individual's or business's income, deductions, and tax liability to the relevant tax authority. These forms are necessary to comply with tax laws and fulfill tax obligations. Tax forms vary depending on the country and the specific tax requirements in place. Here are some common types of tax forms:

Individual Tax Forms: These forms are used by individual taxpayers to report their personal income and claim deductions, credits, and exemptions. Examples include the 1040 form in the United States or the Self-Assessment Tax Return form in the United Kingdom.

Business Tax Forms: Business tax forms are used by companies, partnerships, or self-employed individuals to report their business income, expenses, and other tax-related information. Examples include the Schedule C form (Profit or Loss from Business) in the United States or the CT600 form (Company Tax Return) in the United Kingdom.

Payroll Tax Forms: These forms are used by employers to report the wages, salaries, and taxes withheld from their employees' paychecks. Examples include the W-2 form in the United States or the P60 form in the United Kingdom.

Sales Tax Forms: Sales tax forms are used by businesses to report and remit sales tax collected on taxable goods or services. The specific sales tax forms vary by jurisdiction.

Value Added Tax (VAT) Forms: VAT forms are used in countries that impose a value-added tax to report and remit VAT collected on sales and claim VAT credits for purchases. Examples include the VAT return forms used in many countries.

Estimated Tax Forms: Estimated tax forms are used to report and pay estimated taxes on income that is not subject to withholding, such as self-employment income or investment income.

These are just a few examples of the numerous tax forms that may exist. The specific forms required depend on the tax laws and regulations in your country or jurisdiction. It is important to consult the tax authority's guidelines or seek professional advice to determine which forms are applicable to your situation.

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