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You can still reverse the 1035 exchange. Now, fixed annuities are regulated at the state level and every state has a specific period of when you have to contact the carrier to get that full refund or reverse that 1035 exchange. Its complicated to reverse a 1035 exchange, but you can under the free look provision.
If you have a life insurance policy that no longer suits your needs, you may want to consider a 1035 exchange as a way to help pay for future long-term care expenses.
Despite the tax benefits, 1035 exchanges do not absolve contract owners of their obligations under the original contract. For example, insurance companies typically dont waive surrender charges for 1035 exchanges. However, if the owner exchanges one product for another within the same company, the fees may be waived.
Cons of a 1035 exchange New contracts may have higher fees or features you may not necessarily need. A new contract could extend the surrender period on the asset. You may need to pay surrender fees on your old contract.
No, an ownership change is not allowed during a 1035 Exchange. There may be both income tax and gift tax consequences depending on the circumstances. If the policy owner wants the new policy to be owned by someone else, an option is to change the ownership prior to the exchange.

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Boot is a deemed distribution to the policy owner and is generally any value from the old policy that is not transferred to the new policy. The deemed distribution (boot) is the lesser of the partial surrender made to extinguish the loan or the built-in gain in the policy.
Benefits of Using a 1035 Exchange For example, you may want to do a 1035 exchange if: You need more life insurance coverage than you currently have. You want to change the type of life insurance policy you have. Youre looking for an annuity contract with lower fees.
A 1035 exchange is a provision in the tax code which allows you, as a policyholder, to transfer funds from a life insurance, endowment or annuity to a new policy, without having to pay taxes.

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