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2. Ed Franklins Carry Back Note sales
ED FRANKLIN’S carry back note sales get cash now Sell your carry back note and get cash now. This type of financing can also be a very effective income tax planning and/or estate tax planning strategy for you if you do not want to 1031 Exchange into other like-kind replacement properties Seller Carry Back Note — Inside or Outside the 1031 ExchangeSpecial planning is required when you intend to complete a 1031 exchange and carry-back an installment note as part of the 1031 exchange transaction The common misconception is that seller carry-back financing and 1031 exchanges can not be used together and are mutually exclusive This could not be further from the truth Seller carry-back financing and 1031 exchanges are often combined in the same transaction They do, however, require careful advanced planning and structuring to ensure a smooth 1031 exchange transaction You must decide prior to the close of your relinquished property sale transaction whether your capital gain income tax consequences related to the seller carry-back note will be deferred under the installment sale rules pursuant to Section 453 of the Internal Revenue Code or will be deferred via a 1031 exchange pursuant to Section 1031 of the Internal Revenue Code The installment note and deed of trust or mortgage will be drafted differently depending on which strategy you select Once the relinquished property sale transaction has closed you can not change your mind, so it is important to meet with your advisors ahead of time to ensure that you make the correct decision for you prior to the close Excluding the Note from the 1031 Exchange — Installment Sale TreatmentShould you decide to exclude the seller carry-back note from your 1031 exchange transaction, the promissory note and the corresponding deed of trust or mortgage would be drafted with you listed as the beneficiary or owner of the promissory note Your Qualified Intermediary would only be assigned into the balance of the relinquished property sale transaction that is separate from the seller carry-back note portion of the transaction The cash portion or net proceeds from the sale transaction would be sent to your Qualified Intermediary at the close of your relinquished property sale transaction and the installment note would be owned and held directly by you and would not be part of your 1031 exchange The installment note and corresponding deed of trust or mortgage would be taxable under the installment sale rules pursuant to Section 453 of the Internal Revenue Code Your capital gain income tax liabilities are deferred over the term of the installment note and would be recognized and taxed as principal payments from the installment note are received by you It is extremely important to note that your depreciation recapture income tax liabilities are not deferred over the term of the installment note, but are actually recognized and taxed in the year in which the relinquished property sale transaction closes This can create liquidity issues for you during tax time, so be sure to plan accordingly Not including the seller carry-back note within your 1031 exchange transaction can be a great exit strategy when you want to get out of real estate altogether but still want to defer your income tax consequences over the term of the installment note It is extremely important to remember that that your depreciation recapture income tax liability is immediately recognized and taxed in the year of the sale and your capital gain income tax liability is only deferred over the term of the installment note The entire income tax liability would be immediately recognized when the entire outstanding principal balance of the installment note is paid off and received by you This can be problematic should the borrower decide to pay off the promissory note early You may want to discuss including a prepayment penalty in the promissory note with your advisors You may want to consider including the seller carry-back note inside of your 1031 exchange transaction so that the capital gain and depreciation recapture income tax liabilities can still be indefinitely deferred through your 1031 exchange Including the Note as Part of the 1031 Exchange — 1031 Exchange TreatmentOn the other hand, should you decide to include the seller carry-back installment note as part of your 1031 exchange transaction, the installment note and corresponding deed of trust or mortgage would be drafted with your Qualified Intermediary listed as the beneficiary or owner under the installment note and corresponding deed of trust or mortgage Learn how to properly draft the installment note and deed of trust or mortgage for your 1031 exchange transaction on our web page entitled "Legal Beneficiary Vesting for Seller Carry Back Notes included with in a 1031 Exchange Your Qualified Intermediary would also be assigned into your entire position in the relinquished property sale transaction so that at the close of the transaction your Qualified Intermediary will receive your entire cash position or net proceeds of your 1031 exchange as well as the seller carry-back installment note The note and corresponding deed of trust or mortgage under this structure would be tax-deferred under the 1031 exchange rules pursuant to Section 1031 of the Internal Revenue Code Your capital gain and depreciation recapture income tax liabilities will be indefinitely deferred as long as you continue to exchange ("swap until you drop") However, you will find that including a seller carry-back installment note in your 1031 exchange transaction is much more complicated than structuring the transaction as an all cash 1031 exchange transaction Including the Note as Part of a Reverse 1031 ExchangeAlthough reverse 1031 exchanges are even more complicated and involved, seller carry-back notes may also be utilized within a reverse 1031 exchange structure depending on your circumstances You need to review the proposed transaction with your advisors carefully to determine if a seller carry-back installment note would be of any benefit within your reverse 1031 exchange Complications with Including the Installment Note in the 1031 ExchangeStructuring and closing the relinquished property sale transaction with the seller carry-back installment note included as part of your 1031 exchange is the easy part It gets more complicated from here on out because your Qualified Intermediary is holding more than just cash in your 1031 exchange account How does your Qualified Intermediary use the seller carry-back installment note to acquire your like-kind replacement property There are really three (3) potential solutions: You can have the installment note endorsed and the corresponding deed of trust or mortgage assigned from your Qualified Intermediary to the seller of the like-kind replacement property as part of the consideration for the purchase of your like-kind replacement property This solution, however, assumes that a seller would be willing to accept the third-party installment note as full or partial consideration for your like-kind replacement property It is a possible solution, but not usually a very practical solution You can convert the installment note into cash by selling it to a third party Investor This could be a viable option, but in most cases the installment sale would have to be sold at a significant discount and would not be a practical solution either You could contribute additional personal funds equal to the face value of the installment note into your own 1031 exchange account (boot paid or contributed) so that sufficient cash funds now exist to complete the acquisition of your like-kind replacement property The note and deed of trust or mortgage would then be endorsed/assigned to you (boot received) after your 1031 exchange transaction has been completed This structure is probably the most practical provided you have the necessary liquidity to fund the strategy It results in the boot received being offset by the boot paid and therefore not generating any income tax consequences Including or excluding the seller carry-back installment note within your 1031 exchange is not an easy business decision In most cases the inclusion of a seller carry-back note with a 1031 exchange will work if there is sufficient pre-exchange planning to ensure the availability of the proper liquidity to fund the transaction And, the inclusion of the installment note usually makes sense from an income tax perspective However, you should decide whether you would even want to accept a seller carry-back installment note as part of your 1031 exchange transaction, or avoid the headaches involved with a seller carry-back installment note and insist on an all cash transaction for the purchase of your relinquished property You should always consult with your legal and tax advisors as well as your Qualified Intermediary prior to completing a seller carry-back installment sale as part of your 1031 exchange transaction Depreciation Recapture Income Tax IssuesThe inclusion of the seller carry-back installment note inside your 1031 exchange transaction will defer the recognition of your depreciation recapture and capital gain income tax liabilities Excluding the seller carry-back installment note from your 1031 exchange transaction will result in the immediate recognition of your depreciation recapture income tax liabilities in the year in which the sale of the relinquished property closed, and your capital gain income tax liabilities will be deferred and recognized over the term of the seller carry-back installment note Special Consideration for Installment Sale Notes In Excess of $5 Million There are special income tax provisions that you will need to take into consideration when the initial principal amount of the seller carry-back installment note exceeds $5 million Your capital gain income tax liabilities are deferred over the term of the installment note and recognized (paid) on a pro-rata basis as principal payments are made against the installment note However, if the original principal balance of the seller carry-back installment note exceeds $5 million, you can only defer the recognition of the capital gain income tax liabilities on the first $5 million The remaining capital gain income tax liabilities related to the balance of the installment note that exceed $5 million will be recognized in the year in which the sale of the relinquished property transaction closed Although this portion of the capital gain income tax liability will be recognized immediately, the IRS will allow you to defer the actual payment of the income tax liabilities over the term of the note and will assess interest on the deferred income tax liability Other Income Tax Considerations Interest income earned on your seller carry-back installment note is taxable as ordinary income, and is taxable to you in the year in which the interest income is paid to the holder of the note whether the installment note is included or excluded as part of your 1031 exchange The holder of the note is generally responsible for filing IRS Form 1098 that will report the amount of interest paid by the borrower to the IRS The servicing agent or collection agent is generally responsible for filing IRS Form 1099INT that will report the amount of interest income received by you as the lender under the seller carry-back installment note Location: Metro Westit's NOT ok to contact this poster with services or other commercial interestsPostingID: 792159253 other contact info, craigslist can notify them via email Location: Northwest/Merrimackit's NOT ok to contact this poster with services or other commercial interestsLicense info: UnlicensedPostingID: 792771333 I guess you can always say the dog ate it, or a tornado snatched it into the sky when you were in Nebraska visiting Aunt Dorothy and Uncle Toto, but the truth is, you may not be able to sell your note if you can’t produce the original The original note is the “green stuff,” it’s the currency, it’s “the thing you’re selling The original John Henry (signature) of the Buyer/Payor, even if it’s not very attractive, fluid or sophisticated, is the silver lining in your paper And it kind of makes sense, doesn’t it Would you be able to pay your mortgage by sending in a nice copy of your check to Bank of America they’re used to losses these days and probably wouldn’t notice) If I’m buying your note, I want to be the legal holder of the note, so I need:the original note in my possessionthe note properly endorsed to me (”For value received, Pay to the Order of Dawn Rickabaugh, with recourse” and it must be signed and dated by the Note Seller) If the original note is in my possession, and is properly endorsed to me, then I am a holder-in-due-course, which gives me some substantial protection should any legal issues arise Right now I am working with a probate attorney in Los Angeles who is liquidating an estate holding a $500,000 seller carry back note, secured by a commercial property in Redondo Beach I was able to offer the estate more than the Payor on the note was offering When I last spoke with the attorney, he said all the beneficiaries/heirs were scrambling to find the original note Perhaps the escrow company still has it in their file, but they really need to find it, or things get a lot more complicated Do yourself a favor, when you carry back paper: keep the original note, deed of trust, Buyer’s credit application (1003) and credit report all together in a very safe place And keep a very good payment history to be able to prove that you have a performing asset Why not sign up to receive future posts by email Leave a comment or ask a question You can follow any responses to this entry through the RSS 2 You can leave a response, or trackback from your own site There are insured safekeeping companies who will hold the documents for the note owner… Pretty cool, cuz note ownership can change hands while the note can stays in the same place “Real” mortgages, funded and then sold by financial institutions, have to be “certified” by the safekeeping company… Somebody goes to jail or writes a big check if they lie about what’s in the vault It makes sense and I’d never thought of that for private note holders To be a holder-in-due-course, I need to have possession of the note If I don’t have physical possession, I wonder if I am jeopardized in any way I heard of one situation where the “possession” was challenged because the note servicer had the original note, not the note holder Doesn’t make sense, though, because if I put it in a safe deposit box, someone could argue that the bank had possession, not me, which is ridiculous As the Seller Finance Evangelist for the largest 3rd party long-term escrow servicer in the US maybe I can shed some light on this question The “challenge” you mentioned was probably the only way the attorney involved could justify their fees Thank you so much for your insight and information One of the great things about blogging is that you often have the opportunity to attract people who know a lot more than you do, just by starting a conversation WebsiteXHTML: You can use these tags: --> Receive an email if someone else comments on this post These 10 spiritual principals were received by James M Allen in 1993 on top of Mt Originally created for the edification of private hard money lenders, the principles largely apply to any seller thinking of becoming the bank on their own property: ALWAYS take possession of the original note ALWAYS make sure that the deed of trust is recorded ALWAYS make sure that you have title insurance showing your deed of trust in the proper priority ALWAYS make sure that you record a “Request for Special Notice” with respect to all senior deeds of trust at the time you make the loan, and promptly when your address changes ALWAYS personally inspect the property which is security for your deed of trust Would you like to own this property in this neighborhood NEVER lend money on a deed of trust where you cannot afford to keep prior payments current while you foreclose your own deed of trust ALWAYS insist that the note and deed of trust show you as the original beneficiary on a new loan, not the broker who arranges the loan ALWAYS make sure that the note is assigned by separate assignment on the note or permanently attached to the note, and by recorded Assignment of the deed of trust when you are buying a “seasoned” note ALWAYS keep your original notes and deeds of trust in safe deposit boxes, or in similarly secure environments You can keep copies in your files for working reference ALWAYS make sure the property taxes are paid current, that prior deeds of trust are kept current, and that hazard insurance is adequate, in force, and premiums are paid current My friend, I testify that if you will heed these principles, and your attitude improves greatly, you will one day enter Seller Financing Heaven You should practice safe recourse, or at least be aware of the risks if you don’t When I buy a note, I need to have the note properly endorsed to me, very much like a check is endorsed from one person to another: “For value received, pay to the order of Little Johnny Cakes,” signed and dated by the note seller This is written on the back of the note, or on a separate piece of paper that is then permanently attached to the note (an allonge) But there’s another aspect to the endorsement After identifying the new owner of the note, it should say “with recourse” or “without recourse For value received, pay to the order of Dawn Rickabaugh, with recourse If the endorsement includes the words “with recourse,” it means that the note seller is guaranteeing the note If the Payor doesn’t make the payments, the note seller is agreeing to make the payments to the keep the note buyer whole If I’m the note buyer, then I would want the seller to agree to a recourse loan that adds another layer of protection for me If a seller is willing to endorse “with recourse” it probably means he is expecting the note payments to keep coming in, and is not hiding some known problem with the note A note sold “without recourse” means that the note seller doesn’t have to be on the hook for the money if the payments stop coming in If I’m the note seller, I would probably want to sign “without recourse ” I don’t want to take a big discount and then have to guarantee the note payments as well It’s a point of negotiation between buyer and seller The silent endorsement: if nothing is mentioned about recourse either way, guess what Sellers are often unaware of this, so it can become a point of contention if the note buyer all of a sudden starts demanding payments 2 years down the road when a problem arises It’s just better to discuss it and establish it clearly within the endorsement on the back of the note As always, it’s best to consult with an attorney to understand the complexities and variations in your state I want to carry paper, please help me create a valuable noteWhat will you pay for my note The Exeter Learning Institute: Seller Carry Back Note Combined with a 1031 Exchangeskip to main | skip to sidebarThe Exeter Learning InstituteThe Exeter Learning Institute is dedicated to educating and informing real estate investors on the benefits of 1031 tax-deferred exchanges (866) 393-8377Friday, November 23, 2007Seller Carry Back Note Combined with a 1031 ExchangeYou may be requested by real estate buyers from time-to-time to assist them in the acquisition of your real property ("relinquished property") by helping them with the financing "Seller carry back promissory notes can be very powerful sales tools when negotiating and structuring real estate transactions, especially in rising interest rate environments, distressed real estate markets and tight credit markets However, seller carry back financing can complicate a 1031 exchange transaction if you are planning on selling investment property and then 1031 exchanging into other like-kind replacement property You can learn more about this strategy and the related complications at http://www Exeter 1031 Exchange Services, LLC launched The 1031 Exchange Institute to assist investors in making better informed investment decisions You can contact the Exeter 1031 Exchange Services, LLC's office closest to you by calling (866) 393-8377 Exeter is president and chief executive officer of Exeter 1031 Exchange Services, LLC and its affiliate companies He has written and lectured extensively on 1031 exchange transactions pursuant to Section 1031 of the Internal Revenue Code and on Tenant-In-Common (TIC) Investment Properties as like-kind replacement property solutions pursuant to IRS Revenue Procedure 2002-22 Exeter also serves as an industry consultant through Exeter Consulting Group, LLC and has served as an expert witness regarding 1031 exchange related litigation The Exeter Learning Institute: Sample Legal Beneficiary Vesting for Seller Carry Back Notesskip to main | skip to sidebarThe Exeter Learning InstituteThe Exeter Learning Institute is dedicated to educating and informing real estate investors on the benefits of 1031 tax-deferred exchanges (866) 393-8377Friday, November 23, 2007Sample Legal Beneficiary Vesting for Seller Carry Back NotesWhen you sell real estate or personal property that will be part of a 1031 exchange and you carry back an installment note (seller carry back financing) to facilitate the sale of the asset, the installment note must also be included as part of the 1031 exchange account held by your Qualified Intermediary in order to defer all of your income tax liabilities In other words, the note must be owned by and held by your Qualified Intermediary You can learn more by reading our web page entitled "Seller Carry-Back Financing Combined with a 1031 Exchange "The procedure to include the seller carry-back installment note as part of your 1031 exchange account is actually very easy The installment note and the corresponding deed of trust or mortgage documents would be drafted with the Qualified Intermediary listed as the beneficiary or owner The installment note and corresponding documents cannot be drafted with your name listed as the beneficiary or owner The documents must be drafted in the name of the Qualified Intermediary so that the Qualified Intermediary owns the installment note as part of your 1031 exchange account Drafting the note in your name will trigger "constructive receipt" of your 1031 exchanges funds or assets and create a taxable event Notes incorrectly drafted with your name as the beneficiary or owner cannot be corrected after the close of the transaction and generally will be treated as boot and taxed as an installment sale note under Section 453 of the Internal Revenue Code Click Here For More Information Hyperlink Text iKarma Profile

3. Ed Franklins Comercial Note Sales
ED FRANKLIN’S commercial note sales get cash now Funding help you sell your commercial real estate note today Back when you sold your property it probably suited your financial needs at that time to act as the lender Perhaps you need a lump sum to pay off debts or maxed out credit cards Perhaps you need a large sum for a once in a lifetime investment, for sending the kids off to college, or for your daughter's perfect wedding Medical expenses add up quickly these days, or perhaps you just want to take that once in a lifetime vacation Whatever the reason, your situation has changed the nationwide commercial real estate note note buyers, theres no need to remain bound by a commercial note any longer Rather than wait another 10, 20, or 30 years to receive your commercial note money, In fact, over the past 27 years, note sellers in nearly every state have discovered that selling their owner financed trust deed, mortgage note or land contract to US Commercial Note Buyers is a surprisingly simple process Here's how it worksStep One - The Pricing PhaseThe pricing phase begins with your initial online quote request or phone call Relying on the specifics you provide in that initial contact (such as the interest rate, balance, payment information, buyers details, etc ), we'll price your mortgage note or land contact and make an offer Upon acceptance of our offer, our mortgage note and contract buyers will write up a formal purchase agreement, as well as provide you a required document checklist Once these items are signed and returned, we begin the due diligence phase At this phase, we confirm the information relating to your note, trust deed or contract We will order title updates and examine the condition of title, and have a "drive-by" appraisal performed at our cost Once completed and all is in order, we then progress to the closing phase At which point, the documents will be recorded and you get your money Mortgage Note Buyers Trust Deed Buyers Land Contract Buyers Would you like more information from the mortgage note, trust deed or land contract. Our company specializes in helping people sell commercial mortgages, sell commercial trust deeds, sell commercial contract, sell commercial deed of trust and most commercial real estate notes iKarma Profile Strategies for Strong Cash Flow Resale ...Free webpages from free-net.com>

4. Ed Franklins Life Settlement Sales
ED FRANKLIN’S life settlement sales get cash now Help improve this article by adding relevant internal links (August 2008)This article does not cite any references or sources Please help improve this article by adding citations to reliable sources Unverifiable material may be challenged and removed A life settlement is a financial transaction in which a policy owner possessing an unneeded or unwanted life insurance policy sells the policy to a third party for more than the cash surrender value (cash value offered by the life insurance company) The purchaser becomes the new beneficiary of the policy at maturation and is responsible for all subsequent premium payments Life settlements are an important development in that they have opened a secondary market for life insurance in which policy owners can access fair market value for their policies, rather than accepting the lower cash surrender value from the issuing life insurance company Generally speaking, life settlements are an option for high-net-worth policy owners age 65 or older Independent estimates report that among this group, 20% of policies have a market value that exceeds the cash value offered by the carrier And while many policyowners are unfamiliar with life settlements until a financial professional mentions the option to them, the concept has gained attention from high-profile proponents such as Warren Buffett, former U A growing number of experts now believe that informing clients about offering life settlements should fall under the fiduciary duty of a financial adviser In a life settlement transaction, there is a chain leading from the seller of the policy to the end buyer of the policy (known as a life settlement provider) Each link in the chain has a different responsibility in facilitating the transaction and ensuring that it runs smoothly, while outside vendors typically assist the provider with specialized functions The typical criteria to be an eligible candidate for a life settlement would include: • Policy holders age 65 and older (ages as low as 55 are possible) • $50,000 minimum face amount • Policy active minimum of two years • Low cash surrender value • Premiums less than 8% per annum • Insurance Policy Types o Universal Life o Term (if convertible) o Whole Life o Variable Life o Survivorship (any type) o Adjustable Life o Joint First to Die The proceeds from a Life Settlement transaction can be taxable Typically, the taxable proceeds are based on the difference between the cost basis of a policy (the money paid in) and the cash “surrender” value and the final settlement amount received by the policy holder as to what is considered taxable Any tax implications for capital gains realized from such a transaction could be offset by tax deductions based on “the entire cost of maintenance in a nursing home or home for the aged” (sec In the case of a viatical settlement where the policy owner has a terminal diagnosis and life expectancy of 24 months or less, the proceeds are tax free etiring “key-man” or selling a company/partnership Life settlements are complex financial transactions that are generally conducted on behalf of clients by experienced professional advisers Some examples of advisers that are becoming increasingly involved in the life settlement arena are:Accountants/CPAsAttorneysFinancial Planners/CFPs/ChFCs/CFCsWealth ManagersInsurance AdvisorsEstate Planners/CEPsCertified Senior Advisors/CSAsCharitable Trust Officers Life settlement providers serve as the purchaser in a life settlement transaction and are responsible for paying the client a cash sum greater than the policy's cash surrender value The top providers in the industry fund many transactions each year and hold the seller's policy as a confidential portfolio asset They are experienced in the analysis and valuation of large-face-amount policies and work directly with advisors to develop transactions that are customized to a client's particular situation They have in-house compliance departments to carefully review transactions and, most importantly, they are backed by institutional funds Life Settlement providers must be licensed in the state where the policy owner resides Approximately 41 states have regulations in place regarding the sale of life insurance policies to third parties Financial advisors who choose not to submit cases directly to a settlement provider may opt to work through a life settlement broker Life settlement brokers are intermediaries who bring together policyowners who wish to sell a policy and providers seeking to purchase them Brokers, in exchange for a fee, will shop a policy to multiple providers, much as a real estate broker solicits multiple offers for one’s home Not all buyers are alike and a life settlement broker will help ensure that cases are sold to reputable buyers who are likely to close without significant difficulties It is unlikely a financial advisor will achieve the highest possible price without going through an experienced life settlement broker While it is the broker's duty to collect bids, it is still incumbent on the advisor to help the client evaluate the offers against a number of criteria including offer price, stability of funding, privacy provisions, net yield after commissions, and more Compensation arrangements vary significantly and should be fully disclosed and understood to determine if engaging a broker will benefit the client In many states, brokers must be licensed to do business in that state Industry experts state: "It is imperative that the client works with a licensed broker who has the experience to deal with sophisticated institutional buyers to yield the highest price In regulated states there are material regulations as to procedure, privacy, licensing, disclosure and reporting which must be met and which in some cases carry criminal penalties A licensed life settlement broker can help you meet all relevant requirements Life settlement investors are known as financing entities because they are providing the capital or financing for life settlement transactions (the purchase of a life insurance policy) Life settlement investors may use their own capital to purchase the policies or may raise the capital from a wide range of investors through a variety of structures The life settlement provider is the entity that enters into the transaction with the policyowner and pays the policyowner when the life settlement transaction closes In most cases, the life settlement provider has a written agreement with the life settlement investor to provide the life settlement provider with the funds needed to acquire the policy In this scenario, the life settlement investor is effectively the ultimate funder of the secondary market transaction However, in some life settlement transactions, the life settlement provider is also the investor; the provider uses its own capital to purchase the policy for its own portfolio There are four major life expectancy providers, namely AVS, Fasano Associates, 21st Services, and EMSI Some underwriters provide unreasonably short life expectancies by using base tables that are 5 years out of date, ignoring future mortality improvements & current treatments Eg Statins and basing life expectancies on life manuals which are conservative for mortality and not longevity risk Others apply actuarial analysis to the most recent available data as well as their own experience to develop their base tables and underwriting manuals Providers who do not provide short life expectancies are shunned by originators whom are primarily remunerated for volume Providing more reasonable life expectancies does not inflate the apparent value in these insurance policies This results in fewer cases being written and less support from originators Fasano Associates has published two experience studies showing 96% Actual to Expected accuracy One was performed by Milliman and the second by the Institute for Actuarial Studies No other experience studies have been made publicly available Tracking agents use a variety of methods to collect this type of information such as phone, email, mail, and the social security database Most tracking agents also provide premium management, death claim processing (collecting the death benefit from the insurance company once the insured has expired) and reporting services Steps in a transactionPolicyowner consults with an advisor, decides to sell his or her policy Policy owner and advisor decide whether to work with broker or to go directly to providers Client & advisor submit policy for valuation If policy meets criteria for a life settlement, providers send offers directly or through a broker Client and advisor review offers and client accepts his preferred offer Client and advisor complete the provider's closing package, and return essential documents Provider places cash payment in escrow and submits change of ownership forms to the insurance carrier Paperwork is verified and funds are transferred to the policy seller Although the secondary market for life insurance is relatively new, the market was more than 100 years in the making The life settlement market would not have originated without a number of events, judicial rulings, and key individuals Click Here For More Information Hyperlink Text iKarma Profile

5. Ed Franklins settlement Sales
ED FRANKLIN’S sell structured settlement get cash now How to sell a structured settlement payment Finding a buyer of structured settlement payments Related Articles Get cash for a structured settlement payment When to sell structured insurance settlements Tips on selling a structured settlement annuity Choosing a structured settlement company Recent News « April 15, 2008 News Archives April 2008 July 2006 November 2005 October 2005 September 2005 Home Cash Payments or a Structured Settlement In traditional settlements, compensation for damages has usually consisted of a single cash payment History has shown that this money is often unwisely managed and quickly spent, leaving no funds available to provide for future needs Alternative arrangements know as structured settlements were created in the 1980's Under these arrangements the beneficiary would receive cash structured settlement payments on a periodic basis This guaranteed stream of annuity payments could be paid over a period of months, years or a complete lifetime Federal and state laws have been created as part of a nationwide policy encouraging the use of structured settlements over cash payments in cases involving injuries These structures are a favored means of providing annuity income to a beneficiary and reducing their risk of rapidly spending the capital proceeds from a cash settlement In some cases, former recipients have found themselves with no cash flow, relying on loans for family living expenses Others have had to rely on direct public assistance as a source of support for the rest of their life To encourage their use, favorable tax treatment rules have been extended to the cash received under a structured settlement agreement Selling Future Payments Many individuals receiving a stream of monthly payments under a settlement agreement don't realize that they can sell all or a portion of their annuity payments and be paid a cash sum Access to this money could provide funding to meet the current life needs of your family instead of waiting for a future stream of inflexible payments structured over a period of a year or more This process of entering into a contract to sell ones legal right of receiving future structured payments to settlement companies in exchange for the present value of the money is called factoring A large number of companies now offer cash for a structured settlement payment When evaluating your options, try to work with financially sound companies that are competent and ethical These factors are important considerations to note of when you compare the knowledge and integrity of a company or corporation as well as their dollar offers It is a always a good idea to shop around and compare companies and offers Settlement Companies In recent years, a complete settlement funding industry has been created Companies will offer to pay for the rights to receive future annuity payments under structured agreements These companies offer customers the benefit of direct access to cash Discounting is not free however and the costs can be quite high The cash price they are willing to pay is much less than the money a person would receive from the future stream of fixed payments You may have seen ads encouraging you to "sell a structured settlement payment", and be wondering if you should sell and cash out This is a serious financial decision especially if you really need the money You should carefully evaluate your options to determine if the sale of even a portion of your guaranteed settlement payments is truly in your best interest To gain immediate access to their money, a person can sell their right to receive all or part of their future structured annuity payments to a settlement buyer The transaction is pretty straightforward but come at a cost with various fees and expenses The factoring company acquires the right to receive future structured settlement monies in exchange for a cash payout If you are considering selling your settlement payments it is wise to call or go online for several free quotes and information from settlement firms you can trust Then compare the terms, costs and services provided in the offers to guarantee you are receiving top dollar While it may be appealing and sometimes even in the recipients best interest to sell one of more future payments, keep in mind that annuities are often sold at a discount Because of this, it's usually not a wise solution to sell your settlement to access funds for luxury items such as purchasing a new sports car or to finance a vacation More responsible reasons to sell a series of payments would be to gain access financial capital in during a family emergency Some people choose to repay a debt or to use the cash for investment purposes such as starting a business or buying a home Others use the money to fund an entire college education The choice is yours, but the implications of a decision to sell should be seriously considered In this situation you are the customer and should receive great service As a client you are free to ask the settlement company real questions in total privacy about selling payments and your rights Use your good judgment and experience but also feel free to ask your attorney for expert legal advice You may also want to consult with a financial professional to discuss the impact on your taxes and your estate before you accept any cash offer for your structured settlement payments There is no guarantee you will you have enough money to live on after the cash lump sum payment has been spent Only sell a structured settlement payment if you are sure that you can meet all your future needs Formally recognized by the federal government since 1983, structured settlement payments are specified in voluntary settlement agreements between and injury victims and defendant(s) A settlement payment or annuity comes as the result of a contract between a victim and a defendant whereby the injured victim receives a stream of tax-free settlement payments as an annuity tailored to meet their future needs instead of receiving one lump sum Once a structured settlement payment agreement is reached, the plaintiff cannot make changes Structured settlements payments are used more frequently these days because they offer substantial benefits to all parties involved in the structured settlement agreement Victims receive tax-free payments and defendants get an end to litigation as the result of reaching a structured settlement agreement Structured settlement payments are an innovative solution in that the amount of the settlement payments and the timetable for settlement payments is completely up to the negotiating parties The personal injury victim gains the ability to custom tailor their structured settlements payments to meet their individual needs over an entire lifetime © Structured Settlement Authority, 2008 | Copyrights | Privacy Policy | Terms of Use | Resources | Sitemap Please consult a licensed insurance agent, securities broker, lawyer, or structured settlement professional for advice regarding your personal situation States nationwide have also created laws regulating the sale of structured settlements These regulations guard sellers against the past abuses and false statements of unprofessional settlement companies Under the various state settlement protection acts, the buyer has a legal requirement to disclose the total value of the transferred payments This amount is compared to the net cash value the selling party will receive Normally, the discounted present value of the transferred payments is used in this comparison The interest rates used by investors in this calculation are of particular importance Failure to use a competitive market based interest rate from the start of the calculation can significantly impact the valuation It is good ideas to work with finance professionals you trust that have experience in this area These experts can provide you with personal information, specialized services, and a solution designed to meet your specific situation You have probably seen advertisements urging you to "sell a structured settlement payment" Many beneficiaries wonder if they should sell and cash out, especially if they are in a situation where they need the money This is a major financial decision and you would be well advised to carefully evaluate your options before making a decision You need to determine if selling all or even a portion of your guaranteed settlement payments is in your best interest When you receive a cash offer for your structured payments, you need to realize that the money you obtain from the payout will be less than the total of the future settlement payments you would have received over time Click Here For More Information Hyperlink Text iKarma Profile

6. Ed Franklins Trust Deed Sales
ED FRANKLIN’S trust deed sales get cash now A deed of trust contains three parties: The Trustor, which is you, the borrower The Trustee, which is an entity that holds "bare or legal" title The Beneficiary, which is the lenderThe deed of trust is an instrument that identifies the following:Original loan amount Legal description of the property being used as security for the mortgage Inception and maturity date of the loan Riders, if any, regarding such clauses as prepayment penalties or terms of an adjustable rate mortgage Because mortgages do not contain a trustee, many borrowers are confused between a mortgage and a deed of trust Deeds of trust contain a trustee, an independent third party that does not represent the borrower nor the lender The trustee is an entity, generally a title company, that holds the "Power of Sale" in the event of default The trustee also reconveys the property once the deed of trust is paid in full In the event of a default, the trustee files a Notice of Default; however, in most instances, the trustee will substitute another trustee to handle the foreclosure under a Substitution of Trustee After the 90-day period in the public records, and a 21-day publication period in the newspaper, the trustee then has the power to sell the property on the courthouse steps without a court procedure During the three months following recordation of the Notice of Default, the borrower can redeem the property by making up the back payments and paying the trustee's fees Once the trustee sells the property at a Trustee's sale, it is final Whereas the deed of trust is security of the debt, secured by the property, the promissory note is secured by the deed of trust and is the evidence of the debt The promissory note is a promise to pay, signed by the borrower in favor of the lender It contains the terms of the loan such as the interest rate and payment obligations The promissory note is generally not recorded When the loan is paid, the promissory note is marked "paid in full" and returned to the borrower, along with a recorded Reconveyance Deed During the term of the loan, the lender retains the promissory note Read both documents, including the pre-printed portions You might ask the closer to send you a blank deed of trust and promissory note beforehand Because preparers are human and can make mistakes, here are the important items to review:Spelling of trustors' names Interest rate (and the rider, if adjustable) If you are 30 years of age and can put $200 away a month in Trust Deed Investments, you will accumulate $1,300,000 by the time you retire at age 65 $500 a month would grow to more than $3,000,000 Trust Deed foreclosure is different than that of a mortgage foreclosure because there are no courts involved Simply put, most investors refer to trust deed foreclosure as a third party action Investors use different terms when dealing with a trust deed foreclosure The borrower is called the trustor, the lender is called the beneficiary, and the third party representative (the one who is holding the title) is called the trustee The trustee, who represents the lender or beneficiary, is brought on for the sole purpose of holding the title of the property as a security measure against the debt Because there is no court action involved, the trustee has the authority to sell the property for the beneficiary in the event the trustor fails to make his monthly mortgage payments As with any trust deed foreclosure, first the trustee will issue a Notice of Default (NOD) to the delinquent borrower and records it Usually the trustor has 90 days to cure the loan and pay all the penalties Once that time is up, they don't play Mr They will post a notice of sale on the front door of the property, the sale of the property is advertised in the newspaper to attract the biggest investors, and after a 3 week publication, the property is auctioned off on the courthouse steps The highest bidder walks away with the property Obviously, most lenders like the trust deed foreclosure process better, because they don't have to wait 6 months to even years before they can begin the foreclosure process "The Investors Complete Foreclosure Home Study Course" Discover a proven system for buying real estate foreclosures 30%, 40%, and 50% below market value Generate huge returns using this step-by-step foreclosure system Learn how you can stop the foreclosure auction and make a great deal of money doing it You'll also receive a list of Hard Money Lenders and investment groups in your area Also available from Amazon: American commercial law series Illinois, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois, and all right to retain possession of said premises after default in payment or a breach of any of the covenants or agreements herein contained, in trust, nevertheless, for the following purposes: bearing even date herewith, payable to the order of Now, if default be made in the payment of the said-----------Promissory Note , shall thereupon, at the option of the legal holder or holders thereof, become immediately due and payable; and on the application of the legal holder of said Promissory Note , or either of them, it shall be lawful for the said Grantee, or his successor in trust, to enter into and upon and take possession of the premises hereby granted, or any part thereof, and to collect and receive all rents, issues and profits thereof; and in his own name, or otherwise, to file a bill or bills in any court having jurisdiction thereof against the said party of the first part, Dollars attorney's and solicitor's fees, and also all other expenses of this trust, including all moneys advanced for insurance, taxes and other liens or assessments, with interest thereon at 7 per cent per annum, then to pay the principal sum of said note , whether due and payable by the terms thereof or the option of the legal holder thereof, and interest due on said note In case of the death, resignation, absence, removal from said County, or other inability to act of said Grantee It is agreed that said Grantor shall pay all costs and attorney's fees incurred or paid by said Grantee or the holder or holders of said note in any suit in which either of them shall be plaintiff or defendant, by reason of being a party to this Trust Deed, or a holder of said note , and that the same may be a lien on said premises, and may be included in any decree ordering the sale of said premises and taken out of the proceeds of any sale thereof contracts, negotiable paper, sales of personal property, agency, partnership, corporations, insurance, suretyship, debtor and creditor bankruptcy, banks and banking, property, business, law Click Here For More Information Hyperlink Text iKarma Profile

7. Ed Franklins business Note Sales
ED FRANKLIN’S business note sales get cash now Turn your future note payments into immediate cash today These are notes created when a business owner sells their business using owner financing It is much more difficult to get a bank loan for the purchase of a small business than it is to get a loan for a home Businesses have a historically high failure rate, and many do not own enough collateral to satisfy a bank loan Sellers usually have no choice but to offer financing They accept a cash down payment for part of the sale, and a promissory note for the balance Sometimes the seller is perfectly content to receive the payments over 3, 5, or more years More often, they have needs for the cash today or tire of the hassle collecting payments "Call us today to see if you hold a salable note To have the capital to start their next project Purchase a home, car, boat or plane Eliminate the hassle and worry of collecting payments Eligible Businesses include, but are not limited to: While these are typical criteria desired, each transaction will be considered on it's own terms and strengths Every note is reviewed on an individual basis If you are ready to see if your business note is marketable, call us today at 312 638 0922 We have the ability to structure a business note buyout that will meet your immediate needs and long term goals, as well as fund you very quickly We will consider any business note payment stream that is paid out over time We offer several options for individuals who would like to sell their Business Note These options are designed to meet your immediate and future financial needs We are very aggressive in the purchase of Business Notes The following are the basic criteria that we look for in Business Notes All Business types considered First Lien positions only Personal guarantee of payor (exceptions in some cases) 20% down payment by purchaser (smaller down payment in some cases) 3 months of seasoning (less seasoning in some cases) If you are receiving or anticipating payments from a Business Note and would prefer a lump sum of cash, we can help Click Here For More Information Hyperlink Text iKarma Profile

8. Ed Franklins Mobile home Note Sales
ED FRANKLIN’S mobile home note sales get cash now Would you like to be notified when a new article is added to the Selling category You can sell mobile home note payments for a lump sum of money if you are need of immediate capital for an investment, a purchase, a high-interest debt, or other financial expenditure There are professional note buyers who can purchase your notes in their entirety, or just a portion of them Many people enjoy the steady income that comes with a set monthly installment plan But often, either right at the beginning or somewhere down the road people are in need of money in the short term At this point they might wonder: will my mobile home notes sell The answer is absolutely, and it is much easier to sell mobile home notes than to get a loan from a bank or other lending establishment The best part is you don't have to sell the entire instrument Let's say you have a $100,000 note, but you need $35,000 for a new car or a wedding You can sell off just $35,000 worth (however many months that works out to be) and keep the rest of your note intact So you can also sell mobile home note payments as a split, getting cash for half of each month's payments and retaining the other half A qualified note buyer will go over all of your options with you, so you can decide which you like the best You may decide to sell the entire note for a large lump sum, or sell what's called a partial for a smaller sum How much will your mobile home notes sell for That's a good question, and the quick answer is, it depends There are a number of factors the buyer will take into consideration, including the balance remaining, the time period, the interest rate and the financial stability of the person or entity making the monthly payments, known as the payor Using these criteria as well as a few others, the note buyer can come up with a valuation for your mobile home paper Keep in mind that it has to make financial sense for them as well, as they are taking on the risk of holding your note, oftentimes for a number of years in an uncertain inflationary environment If you're considering selling mobile home note payments, make sure you find a top note buyer with a good reputation and a lot of experience Someone who has been in the business for a long time will usually offer you the best rates and most options Jamie has been working in the finance industry for many years and is a contributing editor to http://www Find out if your mobile home notes sell from a qualified note buyer and learn about other debt instruments on our site It's usually a choice between stability and instant money A steady source of income sounds nice, but you'll also want to be prepared for emergencies or rare business opportunities Selling your insurance policy is a viable option if you have no financial obligations, but there are things you need to note before you cash in Here are some tips to help you [Insurance:Life-Annuities] Annuity sales are a great way to get immediate cash out of your debt instruments Monthly payments might work for some of us, but others need real money to meet their financial needs While you can always take out a bank loan, selling your notes is faster, more convenient, and involves less paperwork Bank loans can take several weeks because of background and credit checks, while an annuity contract can be sold in as little as two weeks [Finance:Loans] Selling your notes to a promissory note buyer allows you to raise a large sum of money without having to take out a bank loan It takes as little as two weeks to sell your debt instrument, whereas a bank can take more than a month There are several other advantages you lose the risk of inflation, preserve your moneys value, and eliminate the hassle of monthly payments [Insurance:Life-Annuities] Selling insurance policy is becoming a popular option for people of or nearing retirement age, whose debts and other obligations have all been paid off There are several reasons you might want to cash in on your life insurance policy You may want to travel, start a business, or set it aside for medical care [Insurance:Life-Annuities] Many people sell life insurance policy when they reach retirement age or when their all their accounts have paid off Selling has several advantages over keeping the policy it gets rid of premium payments, conforms to the needs of your dependents, and gives you access to a large sum of cash that would take weeks to get through a bank loan But there are important things to know if you're planning to cash in [Finance:Personal-Finance] A cash flow note sale simply means selling a structured settlement, such as a mortgage or business note, for a single lump sum instead of small monthly payments There are several reasons you might want your cash now instead of later you may want to invest it somewhere else, buy a house or car, or set it aside for emergencies Whatever your purpose, cashing in is always a viable option [Real-Estate:Mortgage-Refinance] Choosing mortgage note buyers is one of the most crucial aspects of a contract sale How much you get for your note is essentially their decision, so it's important to find a professional who can give you the best price Though there's a pretty good market for debt instruments, you'll find that not all buyers are the same How do you pick the good ones from the bad Here are some tips to get you started [Real-Estate:Selling] Let's say I need money and I want to sell my real estate notes When you need extra cash flow, selling debt instruments is far more convenient than taking out a loan [Real-Estate:Selling] Finding good land contract buyers can be a challenge for people selling land notes There are hundreds of note buyers in the market, but not all of them can give you top dollar for your paper It always pays to take your time, shop around, and go over all your options before signing any deal [Real-Estate:Selling] There are various reasons you might want to sell real estate contract You may need the money for a new business, pay off some debts, or finance a wedding Or maybe youre just tired of waiting every month to get your payments Regardless of your purpose, cashing in on your note is the best way to raise money without waiting weeks for a bank loan [Finance:Loans] If you need fast money and have no time to apply for a loan, your best bet is to sell debt notes You can cash in on your debt instruments in as little as one week, unlike bank loans which can take two weeks or more Given the fast-changing money market, there is good reason you would want your cash now instead of waiting out the debt [Business] Selling your business note for a lump sum is a viable option if you need fast money from your business For most note holders, the game plan is simple: sell the company and then get paid monthly until it is paid off It is a stable scheme, but some people cannot wait the entire term to receive their money If you are one of them, why not cash in your business note instead [Real-Estate:Mortgage-Refinance] You can get a lump sum of cash for mortgage note payments from a professional known as a note buyer He or she will be able to put a value on your debt instrument based on various criteria, and in most cases give you a free, no obligation quote for all or just a portion of your mortgage note Click Here For More Information Hyperlink Text iKarma Profile

9. Ed Franklins Lottery Winning sales
ED FRANKLIN’S Lottery Winnings Annuity sales get cash now Click Here For More Information Hyperlink Text How can I insure a $50 million lottery win FDIC insurance deposits with a bank only insures up to $100,000 per account holder Will any bank accept a $50 million dollar CD and insure that money The first thing I'll suggest is that with $50 million you can afford to pay for advice from a financial service professional It's just that you'll need more help than you're going to get in this column , or FDIC, insurance on $20 million of the $50 million is to use CDARS, the Certificate of Deposit Account Registry Service You deal with one bank and CDARS works with that bank to ensure that all of your deposit is FDIC-insured I've written about CDARS before and suggest that you read that column and also check out the CDARS Web site Treasury securities are considered risk-free investments when held to maturity You do face some price fluctuations day to day with changes in market interest rates, but the government guarantees the face value of the security at maturity You can own these securities in a brokerage account or in a Treasury Direct account The brokerage firm in most cases will be a member of the Securities Investor Protection Corp The SIPC is much different from the FDIC, but it does provide a measure of protection from fraudulent brokerage firms " SIPC helps individuals whose money, stocks and other securities are stolen by a broker or put at risk when a brokerage fails for other reasons The SIPC doesn't guarantee that your investments won't lose value, it just steps in to protect you from theft of your securities or the failure of a brokerage firm Investments held as cash are protected only up to $100,000 If it were my millions, I wouldn't hesitate to invest in U Treasury securities in an account with a national firm, many of the large regional firms, a brokerage account with one of the large mutual fund companies or Treasury Direct Finding a home for this money while you're deciding how to invest is one thing Treasuries will protect your principal, but you can do a lot better without taking on a lot of risk, and you're probably going to want to expand your approved list of investments Municipal securities, for example, can provide tax-exempt income, but alternate minimum tax considerations means you'd want to consult with a tax professional about investing in municipal securities Try to get the big picture about what life goals you want to achieve with this money and what you'd like to accomplish with the remainder of the money after you're gone I'd actually focus on the life goals aspect before getting too deep into the how-to-invest-it part To that end, the Treasuries and CDs are fine for the short-term I wish I had someone to recommend for you on the life-goal side, but I started out telling you that you'd need more advice that I could give you in this column A life coach seems like a reasonable place to start Just don't listen to any advice about investing in a life-coach franchise Don, go to the "Ask the Experts" page, and select one of these topics: "financing a home," "saving & investing" or "money DonAsk a question  RESOURCES Find out when CD rates hit your target Hey, you Unlucky lotto winners who lost the money  TOP INVESTING STORIES Fame & Fortune: Jennifer Love Hewitt12 investment mistakes couples makeInvesting: To risk or not Which is better -- a rebate or special dealer financing Develop a savings plan Every kind of CD explained Treasury bonds and more Pros and cons of annuities All about IRAs GUIDES Real Estate Guide What will $400K buy This new statute overrides the constructive receipt doctrine and permits lottery winners to consult with their family, attorneys, accountants, and financial planners after winning the lottery in order to determine which payment option is most consonant with their goals and objectives The tax and financial considerations associated with a Section 451(h) election are discussed under "Planning," below The new law, which is effective for individuals winning the lottery after 10/21/98, creates a "qualified prize option" and a "qualified prize "6 A "qualified prize" is "any prize or award which (i) is awarded as a part of a contest, lottery, jackpot, game, or other similar arrangement, (ii) does not relate to any past services performed by the recipient and does not require the recipient to perform any substantial future service, and (iii) is payable over a period of at least 10 years " A "qualified prize option" is an "option which (i) entitles an individual to receive a single cash payment in lieu of receiving a qualified prize (or remaining portion thereof), and (ii) is exercisable not later than 60 days after such individual becomes entitled to the qualified prize " Section 451(h)(1) provides that, for a cash-method taxpayer, a "qualified prize option shall be disregarded in determining the taxable year for which any portion of the qualified prize is properly includible in gross income of the taxpayer " Section 451(h)(3) also instructs Treasury to issue Regulations for the application of the new rules to partnerships or other pass-through entities consisting entirely of cash-method individuals A significant transition rule gives previous lottery winners a one-time option to receive a lump-sum cash payment 105-277 provides that, for an 18-month period commencing on 7/1/99 and continuing to 12/31/00, previous lottery prize winners receiving payment in the form of an annuity may elect a lump-sum distribution equal to the present value of the remaining annuity payments Nevertheless, it is anticipated that most lotteries will begin offering the qualified prize option to prospective lottery contestants and prior lottery winners on 7/1/99 Unfortunately, Section 451(h) creates a class of prize winners who are not afforded its benefits Under the statute, there are three classes of prize winners:Prize winners prior to 10/22/98 ("pre-effective date winners") Prize winners after 10/21/98 and before 7/1/99, the date on which it is anticipated that most lotteries will begin to offer a qualified prize option ("interim winners") Prize winners after 6/30/99 ("qualified prize option winners") Thus, as of 7/1/99, the pre-effective date winners can make the one-time "18-month election" to receive a lump sum Similarly, all qualified prize option winners will be given 60 days to choose between a lump sum or annuity prize But the interim winners are not permitted to make the 18-month election because their lottery prize was won after the effective date of Section 451(h); similarly, they are not permitted to make a 60-day election because the local lottery rules have not been changed to provide for a qualified prize option The omission of the interim winners was most likely unintentional While legislation may be needed to cure the defect, it may be possible for the IRS to rule that it will not apply the constructive receipt doctrine to interim winners who are given an 18-month election to choose between a lump sum or an annuity First, many lotteries already offered a choice between a lump sum or an annuity In order to avoid the constructive receipt doctrine, the lottery contestant had to irrevocably elect the form of the prize prior to purchasing the ticket Regulations should clarify that pre-effective date winners and interim winners who chose to receive their prize as an annuity may nevertheless make the 18-month election to receive a lump-sum payment of the unpaid lottery prize Second, Section 451(h)(2)(b)(iii) requires that the lottery prize in the form of an annuity be payable over at least ten years Regulations should clarify, with respect to pre-effective date winners, that the annuity must be initially payable over ten years, as opposed to having at least ten years remaining on the annuity Example: On 3/15/87, Harold won a lottery prize payable in 20 annual installments On 7/1/99, the lottery board gives prior lottery winners a one-time 18-month election to receive a lump-sum payment Since Harold received 13 annual installments from 3/15/87 to 3/15/99, there are only seven remaining payments with respect to his annuity prize Regulations should clarify whether Harold is entitled to make the 18-month election Arguably, he should be, because his prize was initially payable over 20 years Other Constructive Receipt IssuesThe constructive receipt doctrine has been applied in other contexts with respect to lottery prize winners In Paul, TCM 1992-582, the taxpayer won the New Jersey lottery on 12/29/87 but did not receive payment until 1/22/88 The Tax Court held that winnings were includable in income in 1988, the year in which the payment was actually received In arriving at its decision, the court rejected the Service's argument that the taxpayer could have driven 68 miles to Trenton in the last two days of the year to demand payment "on the spot " The court considered such a requirement a "substantial limitation," thereby negating the application of the constructive receipt doctrine The treatment of the constructive receipt doctrine in Paul raises an issue with respect to lottery winners after the enactment of Section 451(h) If a lottery contestant wins on December 15th and is given 60 days to choose between a lump sum or an annuity, the contestant may argue that she is not required to include any portion of the lottery prize, whether a lump-sum distribution or an annuity installment payment, until the date on which she makes an election, possibly in January or February of the following year The IRS presumably would argue that the lottery contestant is given an election that may be exercised immediately, and therefore the existence of the election does not create a substantial limitation on the lottery winner's control or receipt of the lottery prize, in whatever form Economic Benefit DoctrineThe economic benefit doctrine is a related but separate income tax accounting concept that also should be considered This doctrine provides that income is taxable under Section 61 even though it is not actually or constructively received in the form of cash Unlike the constructive receipt doctrine, it is not necessary that the taxpayer's interest in the property be assignable or for the taxpayer to be entitled to immediate possession; rather, it is only necessary that there be an identifiable property interest over which the taxpayer's rights have vested The Tax Court held that the winnings were taxable to the minor in the year they were deposited into the account for his benefit, not in the year of actual receipt Fortunately, certain restrictions in the lottery statute or rules avoid the application of the economic benefit doctrine Moreover, lottery rules typically provide that the winner has only an inchoate, contractual right to receive annuity payments from the lottery Withholding on Lottery WinningsSection 3402(q)(1) provides that "[e]very person, including the Government of the United States, a State, or a political subdivision thereof, or any instrumentalities of the foregoing, making any payment of winnings which are subject to withholding shall deduct and withhold from such payment a tax in an amount equal to 28 percent of such payment "15 Generally, proceeds exceeding $5,000 are subject to withholding Individuals who receive lottery winnings won by someone else or members of a group of winners on the same winning ticket must report their winnings on IRS Form 5754 Many lottery winners, especially large prize winners, are often dismayed to learn that, even after their lottery prize is substantially reduced by income tax withholding, they may be required to pay additional income tax Given the disparity between the 28% federal withholding rate and the 39 Gambling LossesLottery winnings are considered gambling gains " Therefore, gambling losses may not offset other income or be used as an NOL carryback or carryover The gambling loss deduction can be applied two ways:If a taxpayer's gambling activities constitute a trade or business, substantiated gambling losses are deductible in arriving at the taxpayer's adjusted gross income If a taxpayer's gambling activities do not constitute a trade or business, the IRS takes the position that the taxpayer must deduct such losses as itemized deductions A limited federal credit for state death taxes is available Similarly, for lottery winners receiving payments as an annuity, the present value of the unpaid annuity payments is included in the lottery winner's gross estate In addition to the income taxes payable with respect to the lottery prize, Elizabeth's estate is required to pay estate taxes on the lottery prize included in her estate Assuming that the lottery prize is the only asset in Elizabeth's estate, that she made no taxable gifts during her lifetime, and that she is subject to a flat, combined 45% income tax rate, she would be required to pay income taxes of $4 After receiving the first five payments, Ann died on 11/1/98 Under Sections 2031, 2039, and 7520, Ann's estate is required to include the present value of the remaining 15 annuity payments, calculated to be $10,104,600 " This is an annuity, income, remainder, or reversionary interest that is "subject to any contingency, power, or other restriction, whether the restriction is provided for by the terms of the trust, will, or other governing instrument or is caused by other circumstances " Taxpayers have argued that lottery rules which prohibit or limit the assignability of the remaining annuity payments cause the annuity to be a restricted beneficial interest, thereby permitting a departure from the requirements of Section 7520 In TAM 9616004, the IRS rejected this argument, however, noting that Reg Because there is no restriction on the payment of the lottery prize annuity, the taxpayer is required to use the standard Section 7520 annuity factors , 1998), suggests that, for lottery winners dying between 4/30/89 and 12/13/95, departure from the Section 7520 annuity tables may be warranted In Shackleford, the taxpayer died in 1990 after receiving the first three annuity payments of his lottery prize His estate reported the value of the remaining annuity at $2 The court concluded that a factual issue regarding the value of the annuity was in dispute, and therefore denied the Service's motion for summary judgment The taxpayer and her sister-in-law won a state lottery with a lottery prize payable as an annuity over 20 years The taxpayer's sister-in-law executed an affidavit stating that they regularly pooled their money, that they had a preexisting agreement to share their lottery winnings, and that the winning lottery ticket was purchased on behalf of their preexisting partnership The parties formed a limited partnership in which each was a 2% general partner and a 48% limited partner The limited partnership claimed the winning lottery prize After the first annuity payment was made to the partnership, the taxpayer died; it is significant that, as in Shackleford, the taxpayer died before 12/13/95, the effective date of Reg The taxpayer's estate listed the partnership interests on the estate tax return The partnership interests were valued by first computing the sum of the underlying assets, cash and 19 lottery payments receivable The estate then discounted the payments to present value using a discount rate based on the AAA-rated general obligation bond yield, as opposed to the Section 7520 factors The estate further discounted each payment by 39 Finally, the estate took an additional 20% discount for the partnership interests for lack of control and another 25% for lack of marketability The Service rejected the estate's argument that the Section 7520 factors should not be used and found that the annuity payments were not restricted beneficial interests Based on the same rationale used in TAM 9616004, the IRS found that the nonassignability of the lottery prize did not affect the payment of the annuity In addition, the Service found that the right of the partnership to receive payment of the lottery winnings had not been restricted in any way The IRS concluded that the taxpayer's estate was required to use the standard Section 7520 annuity factors to value the annuity payments and that discounts for lack of marketability and income taxes could not be applied to the valuation of the annuity payments The Service expressed no opinion on entity discounts for lack of marketability and lack of control that were applied to the partnership interests Alternate ValuationOrdinarily, assets subject to the estate tax are valued as of the date of the decedent's death Section 2032(a), however, provides that the executor may elect to value the assets in the gross estate on an "alternate valuation date," typically six months after the date of the decedent's death If the property was distributed, sold, exchanged, or disposed of earlier than that date, it is valued on the date of disposition In TAM 9637006, a lottery winner was entitled to receive 16 additional annuity payments of $112,500 each at the time of his death On the day he died, the Section 7520 interest rate was 8 On the alternate valuation date six months later, the Section 7520 interest rate was 9 The estate valued the decedent's interest in the 16 annuity payments as of the date of death, but used the 9 The IRS ruled that an annuity is an interest that is affected by the mere lapse of time Valuation changes due to interest rate fluctuations, however, are not changes due to the mere lapse of time Changes due to mere lapse of time include changes attributable to the time value of money, the depletion of an asset, or the receipt of a benefit by an estate during the alternate valuation period The IRS concluded that the estate properly valued the interest as of the time of death with the adjustment for the difference in its value as of the alternate valuation date due to the change in the applicable federal rate Liquidity IssuesMany lottery winners and their families are discouraged to learn that, along with the return, estate taxes are due nine months after the date of death The estates of winners who received their prizes as an annuity are often placed in the difficult predicament of not having sufficient cash to pay estate taxes Example: The facts are the same as in the previous example, i , the present value of Ann's remaining lottery annuity is $10,104,600 Assuming that this is the only asset in Ann's estate (and that Ann made no taxable gifts during her lifetime), the estate taxes due will be $5,001,510 Ann's estate will not receive another lottery annuity payment until 10/31/99 Because of the illiquid nature of the annuity, there is simply insufficient cash to pay the estate taxes iKarma Profile

10. Ed Franklins Annuity Sales
ED FRANKLIN’S annuity buyer and sales get cash now Annuity may refer to:Annuity (finance theory), (Payout phase) any recurring periodic series of payments Annuity (finance theory) (Accumulation phase) a tax deferred savings vehicle Annuity (financial contracts), an insurance-like contract providing Monthly, Quarterly, Semi-Annual or Annual paymentsAnnuity (US financial products)Annuity (European financial arrangements)Life annuity (also single payment annuity), a financial contract providing payments for a person's lifetimeAnnuity, a maintenance fee (patent) in patent law An annuity that has no definite end is called a perpetuity This disambiguation page lists articles associated with the same title If an internal link led you here, you may wish to change the link to point directly to the intended article Perhaps confusingly, the majority of modern annuity customers use annuities only to accumulate funds and to take lump-sum withdrawals without using the guaranteed-income-for-life feature Annuity contracts in the United States are defined by the Internal Revenue Code and regulated by the individual states Variable annuities have features of both life insurance and investment products , annuity contracts may be issued only by life insurance companies, although private annuity contracts may be arranged between donors to non-profits to reduce taxes Insurance companies are regulated by the states, so contracts or options that may be available in some states may not be available in others Their federal tax treatment, however, is governed by the Internal Revenue Code Variable annuities are regulated by the Securities and Exchange Commission and the sale of variable annuities is overseen by FINRA(The largest non-governmental regulator for all securities firms doing business in the United States) There are two possible phases for an annuity, one phase in which the customer deposits and accumulates money into an account (the deferral phase), and another phase in which customers receive payments for some period of time (the annuity or income phase) During this latter phase, the insurance company makes income payments that may be set for a stated period of time, such as five years, or continue until the death of the customer(s) (the "annuitant(s)") named in the contract Annuitization over a lifetime can have a death benefit guarantee over a certain period of time, such as ten years Annuity contracts with a deferral phase always have an annuity phase and are called deferred annuities An annuity contract may also be structured so that it has only the annuity phase; such a contract is called an immediate annuity The term "annuity," as used in financial theory, is most closely related to what is today called an immediate annuity This is an insurance policy which, in exchange for a sum of money, guarantees that the issuer will make a series of payments These payments may be either level or increasing periodic payments for a fixed term of years or until the ending of a life or two lives, or even whichever is longer It is also possible to structure the payments under an immediate annuity so that they vary with the performance of a specified set of investments, usually bond and equity mutual funds Such a contract is called a variable immediate annuity The overarching characteristic of the immediate annuity is that it is a vehicle for distributing savings with a tax-deferred growth factor A common use for an immediate annuity might be to provide a pension income , the tax treatment of an immediate annuity is that every payment is a combination of a return of principal (which part is not taxed) and income (which is taxed at ordinary income rates, not capital gain rates) When a deferred annuity is annuitized, it works like an immediate annuity from that point on, but with a lower cost basis and thus more of the payment is taxed This type of immediate annuity pays the annuitant for a designated number of years (i , a period certain) and is used to fund a need that will end when the period is up (for example, it might be used to fund the premiums for a term life insurance policy) Thus this option is not necessarily suitable for an individual's retirement income, as the person may outlive the number of years the annuity will pay A life or lifetime immediate annuity is used to provide an income for the life of the annuitant similar to a defined benefit or pension plan A life annuity works somewhat like a loan that is made by the purchaser (contract owner) to the issuing (insurance) company, which pays back the original capital or principal (which isn't taxed) with interest and/or gains (which is taxed as ordinary income) to the annuitant on whose life the annuity is based The assumed period of the loan is based on the life expectancy of the annuitant In order to guarantee that the income continues for life, the insurance company relies on a concept called cross-subsidy or the "law of large numbers" Because an annuity population can be expected to have a distribution of lifespans around the population's mean (average) age, those dying earlier will give up income to support those living longer whose money would otherwise run out A life annuity, ideally, can reduce the "problem" faced by a person that he/she doesn't know how long he/she will live, and so he/she doesn't know the optimal speed at which to spend his/her savings Life annuities with payments indexed to the Consumer Price Index might be an acceptable solution to this problem, but there is only a thin market for them in North America For an additional expense (either by way of an increase in payments (premium) or a decrease in benefits), an annuity or benefit rider can be purchased on another life such as a spouse, family member or friend for the duration of whose life the annuity is wholly or partly guaranteed For example, it is common to buy an annuity which will continue to pay out to the spouse of the annuitant after death, for so long as the spouse survives The annuity paid to the spouse is called a reversionary annuity or survivorship annuity However, if the annuitant is in good health, it may be more advantageous to select the higher payout option on his or her life only and purchase a life insurance policy that would pay income to the survivor The pure life annuity can have harsh consequences for the annuitant who dies before recovering his or her investment in the contract Such a situation, called a forfeiture, can be mitigated by the addition of a period-certain feature under which the annuity issuer is required to make annuity payments for a least a certain number of years; if the annuitant outlives the specified period certain, annuity payments continue until the annuitant's death, and if the annuitant dies before the expiration of the period certain, the annuitant's estate or beneficiary is entitled to the remaining payments certain The tradeoff between the pure life annuity and the life-with-period-certain annuity is that the annuity payment for the latter is smaller A viable alternative to the life-with-period-certain annuity is to purchase a single-premium life policy that would cover the lost premium in the annuity Impaired-life annuities for smokers or those with a particular illness are also available from some insurance companies Since the life expectancy is reduced, the annual payment to the purchaser is raised Life annuities are priced based on the probability of the annuitant surviving to receive the payments Longevity insurance is a form of annuity that defers commencement of the payments until very late in life A common longevity contract would be purchased at or before retirement but would not commence payments until 20 years after retirement If the nominee dies before payments commence there is no payable benefit This drastically reduces the cost of the annuity while still providing protection against outliving one's resources The second usage for the term annuity came into being during the 1970s Such a contract is more properly referred to as a deferred annuity and is chiefly a vehicle for accumulating savings with a view to eventually distributing them either in the manner of an immediate annuity or as a lump-sum payment All varieties of deferred annuities owned by individuals have one thing in common: any increase in account values is not taxed until those gains are withdrawn This is also known as tax-deferred growth A deferred annuity which grows by interest rate earnings alone is called a fixed deferred annuity (FA) A deferred annuity that permits allocations to stock or bond funds and for which the account value is not guaranteed to stay above the initial amount invested is called a variable annuity (VA) A new category of deferred annuity, called the equity indexed annuity (EIA) emerged in 1995 [2] Equity indexed annuities may have features of both fixed and variable deferred annuities The insurance company typically guarantees a minimum return for EIA An investor can still lose money if he or she cancels (or surrenders) the policy early, before a "break even" period An oversimplified expression of a typical EIA's rate of return might be that it is equal to a stated "participation rate" multiplied by a target stock market index's performance excluding dividends Interest rate caps or an administrative fee may be applicable Deferred annuities in the United States have the advantage that taxation of all capital gains and ordinary income is deferred until withdrawn In theory, such tax-deferred compounding allows more money to be put to work while the savings are accumulating, leading to higher returns A disadvantage, however, is that when amounts held under a deferred annuity are withdrawn or inherited, the interest/gains are immediately taxed as ordinary income A variety of features and guarantees have been developed by insurance companies in order to make annuity products more attractive These include death and living benefit options, extra credit options, account guarantees, spousal continuation benefits, reduced contingent deferred sales charges (or surrender charges), and various combinations thereof Each feature or benefit added to a contract will typically be accompanied by an additional expense either directly (billed to client) or indirectly (inside product) Deferred annuities are usually divided into two different kinds:Fixed annuities offer some sort of guaranteed rate of return over the life of the contract In general such contracts are often positioned to be somewhat like bank CDs and offer a rate of return competitive with those of CDs of similar time frames Many fixed annuities, however, do not have a fixed rate of return over the life of the contract, offering instead a guaranteed minimum rate and a first year introductory rate The rate after the first year is often an amount that may be set at the insurance company's discretion subject, however, to the minimum amount (typically 3%) There are usually some provisions in the contract to allow a percentage of the interest and/or principal to be withdrawn early and without penalty (usually the interest earned in a 12-month period or 10%), unlike most CDs Fixed annuities normally become fully liquid upon the owner's death Most equity index annuities are properly categorized as fixed annuities and their performance is typically tied to a stock market index (usually the S&P 500 or the Dow Jones Industrial Average) These products are guaranteed but are not as easy to understand as standard fixed annuities as there are usually caps, spreads, margins, and crediting methods that can reduce returns These products also don't pay any of the participating market indices' dividends; the trade-off is that contract holder can never earn less than 0% in a negative year Variable annuities allow money to be invested in insurance company "separate accounts" (which are sometimes referred to as "subaccounts" and in any case are functionally similar to mutual funds) in a tax-deferred manner [3] Their primary use is to allow an investor to engage in tax-deferred investing for retirement in amounts greater than permitted by individual retirement or 401(k) plans In addition, many variable annuity contracts offer a guaranteed minimum rate of return (either for a future withdrawal and/or in the case of the owner's death), even if the underlying separate account investments perform poorly This can be attractive to people uncomfortable investing in the equity markets without the guarantees Of course, an investor will pay for each benefit provided by a variable annuity, since insurance companies must charge a premium to cover the insurance guarantees of such benefits Variable annuities are regulated both by the individual states (as insurance products) and by the Securities and Exchange Commission (as securities under the federal securities laws) The SEC requires that all of the charges under variable annuities be described in great detail in the prospectus that is offered to each variable annuity customer Of course, potential customers should review these charges carefully, just as one would in purchasing mutual fund shares People who sell variable annuities are usually regulated by FINRA, whose rules of conduct require a careful analysis of the suitability of variable annuities (and other securities products) to those to whom they recommend such products These products are often criticized as being sold to the wrong persons, who could have done better investing in a more suitable alternative, since the commissions paid under this product are often high relative to other investment products There are several types of performance guarantees, and one may often choose them a la carte, with higher risk charges for guarantees that are riskier for the insurance companies The first type is comprised of guaranteed minimum death benefits (GMDBs), which can be received only if the owner of the annuity contract, or the covered annuitant, dies GMDBs come in various flavors, in order of increasing risk to the insurance company:Return of premium (a guarantee that you will not have a negative return)Roll-up of premium at a particular rate (a guarantee that you will achieve a minimum rate of return, greater than 0)Maximum anniversary value (looks back at account value on the anniversaries, and guarantees you will get at least as much as the highest values upon death)Greater of maximum anniversary value or particular roll-up Insurance companies provide even greater insurance coverage on guaranteed living benefits, which tend to be elective Unlike death benefits, which the contractholder generally can't time, living benefits pose significant risk for insurance companies as contractholders will likely exercise these benefits when they are worth the most Annuities with guaranteed living benefits (GLBs) tend to have high fees commensurate with the additional risks underwritten by the issuing insurer Some GLB examples, in no particular order:Guaranteed minimum income benefit (a guarantee that one will get a minimum income stream upon annuitization at a particular point in the future)Guaranteed minimum accumulation benefit (a guarantee that the account value will be at a certain amount at a certain point in the future)Guaranteed minimum withdrawal benefit (a guarantee similar to the income benefit, but one that doesn't require annuitizing)Guaranteed-for-life income benefit (a guarantee similar to a withdrawal benefit, but will pay you for as long as you live and does not require annuitization) Deferred annuities are generally sold by financial professionals, some of whom may work directly for an insurance company Most financial professionals, however, are independent agents of the insurance company, not employees The financial professional who sells an annuity collects a commission from the insurance company This commission will be a percentage of the total premium paid by the investor This percentage can be as little as 1% and as high as 12%; the average is 6% Since these commissions appear high and there are deferred sales charges on annuities, many financial gurus have criticized annuity products The investor will, generally, not pay any of this commission directly to the financial professional; the commission is paid by the insurance company to the financial professional up front The insurance company will recapture the commission paid to the financial professional through the fees charged to the customer (in a variable or equity indexed annuity) or the spread in the interest rate market (for a fixed annuity) There are also deferred back-end charges that will be applied if the investor closes out his or her contract before the agreed-upon time frame, usually 8 years These charges can last for as little as 1 year or as many as 20 years, depending on the type of annuity and issuing company These back-end charges concern many financial professionals and financial gurus Some annuities do not have any deferred surrender charges and do not pay the financial professional a commission, although the financial professional may charge a fee for his or her advice These contracts are called "no-load" variable annuity products and are usually available from a fee-based financial planner or directly from a no-load mutual fund company Of course various charges are still imposed on these contracts, but they are less than those sold by commissioned brokers It is important that potential purchasers -- of annuities, mutual funds, tax-exempt municipal bonds, commodities futures, interest-rate swaps, in short, any financial instrument -- understand the fees on the product and the fees a financial planner may charge Variable annuities are controversial because many believe the extra fees (i , the fees above and beyond those charged for similar retail mutual funds that offer no principal protection or guarantees of any kind) may reduce the rate of return compared to what the investor could make by investing directly in similar investments outside of the variable annuity A big selling point for variable annuities is the guarantees many have, such as the guarantee that the customer will not lose his or her principal Critics say that these guarantees are not necessary because over the long term the market has always been positive, while others say that with the uncertainty of the financial markets many investors simply will not invest without guarantees Past returns are no guarantee of future performance, of course, and different investors have different risk tolerances, different investment horizons, different family situations, and so on The sale of any security product should involve a careful analysis of the suitability of the product for a given individual A controversial practice of insurance sales is the selling of insurance contracts within an IRA or 401(k) plan Since these investment vehicles are already tax deferred, investors do not receive additional tax shelters from the annuities The benefit of the annuity contract is the guaranteed lifetime income that all annuity contracts must have by state law Approximately 90% of annuitants, however, have not taken the life annuity upon retirement If an investor does not intend to take the life income option from an annuity contract at retirement he or she may want to consider a low-cost deferred annuity If an investor needs to take lifetime income at retirement, on the other hand, he or she may want to try to buy an annuity upon retirement or might consider selecting a 401(k) plan account with an option to buy the annuity just before retirement [4] examined the effects of taxation on annuities relative to other investment vehicles The author found that annuities are generally not effective as a tax-deferral vehicle and that there are significant flaws in the use of annuities for financial planning during the accumulation phase Internal Revenue Code, the growth of the annuity value during the accumulation phase is tax-deferred, that is, not subject to current income tax, for annuities owned by individuals The tax deferred status of deferred annuities has led to their common usage in the United States tax code, the benefits from annuity contracts do not always have to be taken in the form of a fixed stream of payments (annuitization), and many of annuity contracts are bought primarily for the tax benefits rather than to receive a fixed stream of income If an annuity is used in a qualified pension plan or an IRA funding vehicle, then 100% of the annuity payment is taxable as current income upon distribution (because the taxpayer has no tax basis in any of the money in the annuity) If the annuity contract is purchased with after-tax dollars, then the contractholder upon annuitization recovers his basis pro-rata in the ratio of basis divided by the expected value, according to the tax regulation Section 1 (This is commonly referred to as the exclusion ratio ) After the taxpayer has recovered all of his basis, then 100% of the payments thereafter are subject to ordinary income tax Since the Jobs and Growth Tax Relief Reconciliation Act of 2003, the use of variable annuities as a tax shelter has greatly diminished, because the growth of mutual funds and now most of the dividends of the fund are taxed at long term capital gains rates This taxation, contrasted with the taxation of all the growth of variable annuities at income rates, means that in most cases, variable annuities shouldn't be used for tax shelters unless very long holding periods apply (for example, more than 20 years) Also, any withdrawals before an investor reaches the age of 59 ½ are generally subject to a 10% tax penalty in addition to any gain being taxed as ordinary income [edit] Insurance company default risk and state guaranty associations An investor should consider the financial strength of the insurance company that writes annuity contracts Major insolvencies have occurred at least 62 times since the conspicuous collapse of the Executive Life Insurance Company in 1991 Insurance company defaults are governed by state law The laws are, however, broadly similar in most states Annuity contracts are protected against insurance company insolvency up to a specific dollar limit, often $100,000, but as high as $500,000 in New York[6], New Jersey[7], and the state of Washington[8] This protection is not insurance and is not provided by a government agency It is provided by an entity called the state Guaranty Association When an insolvency occurs, the Guaranty Association steps in to protect annuity holders, and decides what to do on a case-by-case basis Sometimes the contracts will be taken over and fulfilled by a solvent insurance company The state Guaranty Association is not a government agency, but states usually require insurance companies to belong to it as a condition of being licensed to do business The Guaranty Associations of the fifty states are members of a national umbrella association, the National Organization of Life and Health Insurance Guaranty Associations (NOLHGA) The NOLHGA website provides a description of the organization, links to websites for the individual state organizations, and links to the actual text of the governing state laws A difference between guaranty association protection and the protection e of bank accounts by FDIC, credit union accounts by NCUA, and brokerage accounts by SIPC, is that it is difficult for consumers to learn about this protection Usually, state law prohibits insurance agents and companies from using the guaranty association in any advertising and agents are prohibited by statute from using this Web site or the existence of the guaranty association as an inducement to purchase insurance(e Presumably this is a response to concerns by stronger insurance companies about moral hazard Deferred annuities, including fixed, equity indexed and variable, typically pay the advisor or salesperson 1 percent to 12 percent of the amount invested as a commission, with possible trail options of 25 basis points to 1 percent Sometimes the advisor can select his payout option, which might be either 7 percent up front, or 5 percent up front with a 25 basis point trail, or 1 percent to 3 percent up front with a 1 percent trail Some firms allow an investor to pick an annuity share class, which determines the salesperson's commission schedule The main variables are the up-front commission and the trailing commission "No-load" variable annuities are available on a direct-to-consumer basis from several no-load mutual fund companies "No-load" means the products have no sales commissions or surrender charges Even these lower cost variable annuities often make sense only after an investor has exhausted all other forms of tax shelters, and only if being held for quite some time Fixed and Indexed Annuity commissions are paid by the insurance companies the licensed agent represents Commissions are not paid out of the clients principal An examination of variable annuity investment versus investing outside of annuitiesRetrieved from "http://en An annuity is a contract between you and an insurance company, under which you make a lump-sum payment or series of payments In return, the insurer agrees to make periodic payments to you beginning immediately or at some future date Annuities typically offer tax-deferred growth of earnings and may include a death benefit that will pay your beneficiary a guaranteed minimum amount, such as your total purchase payments There are generally two types of annuitiesfixed and variable In a fixed annuity, the insurance company guarantees that you will earn a minimum rate of interest during the time that your account is growing The insurance company also guarantees that the periodic payments will be a guaranteed amount per dollar in your account These periodic payments may last for a definite period, such as 20 years, or an indefinite period, such as your lifetime or the lifetime of you and your spouse In a variable annuity, by contrast, you can choose to invest your purchase payments from among a range of different investment options, typically mutual funds The rate of return on your purchase payments, and the amount of the periodic payments you will eventually receive, will vary depending on the performance of the investment options you have selected An equity-indexed annuity is a special type of annuity During the accumulation period when you make either a lump sum payment or a series of payments the insurance company credits you with a return that is based on changes in an equity index, such as the S&P 500 Composite Stock Price Index The insurance company typically guarantees a minimum return After the accumulation period, the insurance company will make periodic payments to you under the terms of your contract, unless you choose to receive your contract value in a lump sum Variable annuities are securities regulated by the SEC Fixed annuities are not securities and are not regulated by the SEC Equity-indexed annuities combine features of traditional insurance products (guaranteed minimum return) and traditional securities (return linked to equity markets) Depending on the mix of features, an equity-indexed annuity may or may not be a security The typical equity-indexed annuity is not registered with the SEC You can learn more about variable annuities by reading our publication, Variable Annuities: What You Should Know You can learn more about equity-indexed annuities by reading our online brochure, which explains equity-indexed annuities and provides resources for obtaining additional information Before you buy a variable annuity, you should know some of the basics – and be prepared to ask your insurance agent, broker, financial planner, or other financial professional lots of questions about whether a variable annuity is right for you This is a general description of variable annuities – what they are, how they work, and the charges you will pay Before buying any variable annuity, however, you should find out about the particular annuity you are considering Request a prospectus from the insurance company or from your financial professional, and read it carefully The prospectus contains important information about the annuity contract, including fees and charges, investment options, death benefits, and annuity payout options You should compare the benefits and costs of the annuity to other variable annuities and to other types of investments, such as mutual funds A variable annuity is a contract between you and an insurance company, under which the insurer agrees to make periodic payments to you, beginning either immediately or at some future da