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Tax-free switch

1035 exchange

A 1035 exchange is an IRS rule that lets you move money from one annuity or life insurance policy directly into another without triggering income tax on the gains. Named for Section 1035 of the tax code, it keeps your tax deferral intact when you switch products.

In plain terms: A tax-free way to trade an old annuity or life policy for a better one.

In depth

Think of it as transferring your seniority when you change jobs instead of starting over. The gains you have built up carry across to the new contract untaxed, as long as the money moves insurer-to-insurer and never lands in your hands. As of 2026, a 1035 exchange can swap an old low-rate annuity for a current one, but watch for a fresh surrender period and any surrender charge on the old contract.

Why it matters

A 1035 exchange can rescue money stuck in a dated, high-fee, or low-rate contract without a tax bill. But a new contract can restart the surrender clock, so the upgrade has to be worth the fresh lock-up.

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Frequently asked questions

Do I pay taxes on a 1035 exchange?
No, that is the point. A properly done 1035 exchange moves your gains into the new contract without triggering income tax, as long as the funds transfer directly between insurers. If any cash comes to you, that portion can be taxable. Confirm the mechanics with a qualified tax professional before you move money.
Can I 1035 exchange a life insurance policy into an annuity?
Yes. The tax code allows a life insurance policy to move into an annuity tax free, but not the reverse. An annuity cannot 1035 into a life insurance policy. A financial professional can confirm what your situation allows.
Keep reading. MYGA · Annuitization · Rider
Reviewed by AnnuaLife editorial. Definitions are educational and not investment, tax, or legal advice. Figures are examples as of July 30, 2026; rates and product terms vary by state and change. Back to the full glossary
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