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Returning Member
posted Mar 15, 2022 5:47:22 AM

My 1099-R has a taxable amount in Box 2a and Box 7 has a distribution code of 6 (non-taxable 1035 exchange). Turbotax says it's an error, but the insurace company tells me the 1099-R is correct.

0 2 479
2 Replies
Expert Alumni
Mar 15, 2022 6:05:19 AM

The very name of the code is nontaxable 1035 exchange. The IRS describes the law regarding this below. I would call back, armed with the Revenue Procedure and ask why they are making a nontaxable exchange taxable.

 

Rev. Proc. 2011-38


SECTION 1. PURPOSE
 This revenue procedure addresses the tax treatment of certain tax-free
exchanges of annuity contracts under § 72 and § 1035 of the Internal Revenue
Code.


 .01 Section 1035(a)(3) provides that no gain or loss shall be recognized
on the exchange of an annuity contract for another annuity contract. The
legislative history of § 1035 states that exchange treatment is appropriate for
"individuals who have merely exchanged one insurance policy for another better suited to their needs." H.R. Rep. No. 1337, 83d Cong., 2d Sess. 81 (1954).


Section 1.1035-1 of the Income Tax Regulations provides that "the exchange,
without recognition of gain or loss, of an annuity contract for another annuity
contract under § 1035(a)(3) is limited to cases where the same person or persons are the obligee or obligees under the contract received in the exchange as under the original contract."

 

1035

Level 15
Mar 15, 2022 6:26:27 AM

[Edited]

A code-6 Form 1099-R is never permitted to have a taxable amount in box 2a.  The insurance company needs to correct the Form 1099-R to show $0 in box 2a.

 

If there was a loan on the original contract that became a taxable distribution, that would have to be reported as a distribution on a separate Form 1099-R.