Description: This article helps illustrate that a guaranteed income stream in retirement has much more value than merely longevity protection. Used properly, a payout annuity is also a hedge against one's retirement nest egg evaporating, leaving the retiree living check to check on a fixed income only. The article will be of interest to those involved in product development and design, sales and marketing, and payout annuities or guaranteed withdrawal benefits in general.

Description: The article analyzes Private Letter Ruling 202031008, which considers how Internal Revenue Code sections 72(q) and (u) apply to an annuity contract issued to a trust. In particular, the Ruling interprets the terms “taxpayer,” “holder” and “held by” in those Code sections in situations where a non-qualified deferred annuity contract is issued to a grantor trust or a non-grantor trust. The Ruling’s analysis and conclusions differ in some respects depending on which of these types of trusts is involved. In addition, although the Ruling does not address sections 72(s) or 72(e)(4)(C), the Ruling has potential implications under those provisions because they also use the term “holder” and “holds,” respectively.