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How annuity growth and payouts are taxed, in plain English

The 2025 tax law left the annuity rules alone. Here is how deferral works, how withdrawals and payouts are taxed, and what Illinois does. General information, not a suggestion to buy anything.

Prepared by Prem Tax and Accounting Corp. Last reviewed November 6, 2026. Figures as of November 6, 2026.

An annuity is a contract with an insurance company: you pay in, and it pays you later. This is general information about a deferred annuity funded with after-tax dollars, not a suggestion to buy one. Deferred means taxed later, not never. We follow each dollar with the Top-Layer Tap Test below.

The short version
  • Settled law: growth waits to be taxed, and the gain is ordinary income, not capital gain.
  • A withdrawal before payouts begin takes the gain out first, and before age 59 1/2 it usually adds a 10 percent tax.
  • Illinois taxes non-qualified annuity income.

The rules at a glance

EventHow it is taxedSource
Withdrawal before payoutsTaxable up to the gain (cash value minus what you paid in)IRC 72(e)
Full surrenderTaxed only above what you paid inIRC 72(e)(5)
Loan, pledge or giftGenerally treated like a withdrawalIRC 72(e)(4)
Before age 59 1/2Extra 10 percent on the taxable part; exceptions cover death, disability, equal lifetime payments and an immediate annuityIRC 72(q)
Annuitized paymentsPart return of cost, part incomeIRC 72(b)

Fixed payouts are split by an exclusion ratio: what you paid in divided by the expected return, which is the yearly payment times an age multiple (16.0 at age 70, Treasury Table V). For payouts that began after 1986, every payment is fully taxable once your cost is recovered. If the annuitant dies first, the unrecovered cost is an itemized deduction on the final return.

An invented example

Maria, 52, paid $100,000 for a deferred annuity now worth $140,000. She withdraws $30,000. Gain comes first, so all $30,000 is taxable, plus a $3,000 early tax. That leaves $110,000 of value and $10,000 of gain. At 53, with the value unchanged, she takes out $25,000: $10,000 is taxable (plus $1,000 early tax) and $15,000 is a return of cost.

Annuities held in retirement accounts

An annuity held in a plan or IRA follows that account's rules and gains no extra deferral. A qualifying longevity annuity contract (QLAC) is a deferred annuity bought in such an account that must start paying by the first of the month after the 85th birthday; its value is left out of the balance used for required minimum distributions. The premium limit is $210,000 for 2025 and 2026. The IRS has not yet published a 2027 limit; it usually does so in November.

Illinois lets you subtract the taxable part of qualified plan and IRA payouts, but not non-qualified annuity income. Taxable annuity income also counts toward tax on Social Security benefits and, two years later, Medicare premium surcharges (IRMAA).

The Top-Layer Tap Test

People in this situation often consider these steps; ask your adviser.

  • Total the premiums you paid, from the insurer's statement.
  • Subtract that from the cash value, ignoring surrender charges, to see the gain on top.
  • Before a withdrawal, ask how much is gain and whether age 59 1/2 or an exception applies.
  • Ask who owns it; a company or some trusts changes the rule.

See the annuities group page, types and 1035 exchanges, cautions, fees and NIIT and Medicare and IRMAA.

Common questions

Do annuity gains get capital gain rates?

No. Gain is ordinary income when it comes out.

Did the 2025 law alter annuity taxes?

No. Section 72, the main annuity rule, was not amended.

Is a non-qualified annuity the same as an IRA?

No. It is bought with after-tax money, gets no deduction, and its gain is ordinary income. IRA and 401(k) rules differ.

Official sources

Keep reading

Questions about how the new tax law or your year-end moves apply to you? Keshav Agrawal is a U.S. CPA and a Chartered Accountant (CA) from India. We prepare U.S. and Illinois returns, plan with you, and work alongside your financial adviser, insurance agent or attorney. We sell no investment or insurance products. Book a 10-minute call or send us a message.

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