TD 9673 - Longevity Annuity Contracts

Instructions for Form 1098-Q

Department of the Treasury
Internal Revenue Service

(Rev. December 2019)

Qualifying Longevity Annuity Contract Information
Section references are to the Internal Revenue Code unless
otherwise noted.

Future Developments

For the latest information about developments related to
Form1098-Q and its instructions, such as legislation enacted
after they were published, go to IRS.gov/Form1098Q.

Reminders

In addition to these specific instructions, you should also use
the current General Instructions for Certain Information
Returns. Those general instructions include information
about the following topics.
• Who must file.
• When and where to file.
• Electronic reporting.
• Corrected and void returns.
• Statements to recipients.
• Taxpayer identification numbers (TINs).
• Backup withholding.
• Penalties.
• Other general topics.

You can get the General Instructions for Certain
Information Returns at IRS.gov/1099GeneralInstructions or
go to IRS.gov/Form1098Q.
Continuous use form and instructions. Form 1098-Q and
these instructions have been converted from an annual
revision to continuous use. Both the form and instructions will
be updated if there are any adjustments to either the dollar
limitations on Qualified Longevity Annuity Contract (QLAC)
premiums or the age by which distributions under a QLAC
must begin or on an as-needed basis. For the current
version, go to IRS.gov/Form1098Q.
Online PDF fillable Copies B and C. To ease statement
furnishing requirements, Copies B and C of Form 1098-Q are
fillable online in a PDF format, available at IRS.gov/
Forms1098Q. You can complete these copies online for
furnishing statements to recipients and for retaining in your
own files.

Specific Instructions

File Form 1098-Q, Qualifying Longevity Annuity Contract
Information, if you issue any contract that is intended to be a
qualifying longevity annuity contract (QLAC). Prior to
annuitization, the value of a QLAC is excluded from the
account balance that is used to determine required minimum
distributions. A QLAC is an annuity contract that is purchased
from an insurance company for an employee under any plan,
annuity, or account described in section 401(a), 403(a),
403(b), or 408 (other than a Roth IRA) or eligible
governmental plan under section 457(b), and that, in
accordance with the rules of application of paragraph (d) of
Regulations section 1.401(a)(9)-6, Q&A-17, satisfies each of
the following requirements.
• Premiums for the contract satisfy the requirements of
paragraph (b) of Q&A-17.
Nov 19, 2019

• The contract provides that distributions under the contract
must commence no later than a specified annuity starting
date that is no later than the first day of the month after the
employee's 85th birthday.
• The contract provides that, after distributions under the
contract begin, those distributions must satisfy the
requirements of Regulations section 1.401(a)(9)-6 (other
than the requirement that annuity payments commence on or
before the required beginning date).
• The contract does not make available any commutation
benefit, cash surrender right, or other similar feature.
• No benefits are provided under the contract after the death
of the employee other than the benefits described in
paragraph (c) of Q&A-17.
• When the contract is issued, the contract (or a rider or
endorsement with respect to that contract) states that the
contract is intended to be a QLAC.
• The contract is not a variable contract under section 817,
an indexed contract, or similar contract, except to the extent
provided by the Commissioner.
An employee includes the owner of an IRA (other than a
Roth IRA), where applicable.

Limitations on Premiums—Plans

The premiums paid with respect to the contract on a date
satisfy the limitations requirements if they do not exceed the
lesser of the dollar limitation of paragraph (b)(2) of Q&A-17 or
the percentage limitation of paragraph (b)(3) of Q&A-17.
Dollar limitation. Effective for tax years beginning in 2020,
the dollar limitation is an amount equal to the excess of
$135,000 over the sum of (1) the premiums paid on the
contract before that date, and (2) the premiums paid on or
before that date on any other contract intended to be a QLAC
and that is purchased for the employee under the plan, or
any other plan, annuity, or account described in section
401(a), 403(a), 403(b), or 408 or eligible governmental plan
under section 457(b).
Percentage limitation. The percentage limitation is an
amount equal to the excess of 25% of the employee’s
account balance under the plan (including the value of any
QLAC held under the plan for the employee) as of that date
over the sum of (1) the premiums paid before that date on the
contract, and (2) the premiums paid on or before that date on
any other contract intended to be a QLAC and that is held or
was purchased for the employee under the plan.
For purposes of the dollar and percentage limitations on
premiums, unless the plan administrator has actual
knowledge to the contrary, the plan administrator may rely on
an employee’s representation, made in writing or such other
form as may be prescribed by the Commissioner, of the
amount of the premiums paid for any other contract intended
to be a QLAC, but only with respect to premiums that are not
paid under a plan, annuity, or contract that is maintained by
the employer or an entity that is treated as a single employer
with the employer under section 414(b), (c), (m), or (o).
For purposes of the 25% limit, an employee’s account
balance on the date on which premiums for a contract are

Cat. No. 67096Y

employee’s account balance under paragraph A-3(d) of
Regulations section 1.401(a)(9)-5.

paid is the account balance as of the last valuation date
preceding the date of the premium payment, adjusted as
follows.
• The account balance is increased for contributions
allocated to the account during the period that begins after
the valuation date and ends before the date the premium is
paid.
• The account balance is decreased for distributions made
from the account during that same period.

If the excess premium is returned to the non-QLAC portion
of the employee’s account after the last valuation date for the
calendar year in which the excess premium was originally
paid, then the employee’s account balance for that calendar
year must be increased to reflect the excess premium in the
same manner as an employee’s account balance is
increased under paragraph A-2 of Regulations section
1.401(a)(9)-7, to reflect a rollover received after the last
valuation date.

Limitations on Premiums—IRAs

The premiums paid with respect to the contract on a date
satisfy the limitations requirements if they do not exceed the
lesser of the dollar limitation of paragraph (b)(2) of
Regulations section 1.408-8, Q&A-12 or the percentage
limitation of paragraph (b)(3) of Regulations section 1.408-8,
Q&A-12.

If the excess premium is returned to the non-QLAC portion
of the employee’s account as described above, it will not be
treated as a violation of the requirement that the contract not
provide a commutation benefit.

Dollar limitation. Effective for tax years beginning in 2020,
the dollar limitation is an amount equal to the excess of
$135,000 over the sum of (1) the premiums paid on the
contract before that date, and (2) the premiums paid on or
before that date on any other contract intended to be a QLAC
and that is purchased for the IRA owner under the IRA, or
any other plan, annuity, or account described in section
401(a), 403(a), 403(b), or 408 or eligible governmental plan
under section 457(b).

Death of Employee
Surviving spouse is the sole beneficiary. If the employee
dies on or after the annuity starting date for the contract, the
only benefit allowed to be paid (except as provided in
paragraph (c)(4) of Q&A-17) after the employee's death is a
life annuity payable to the surviving spouse where the annuity
payment is not in excess of 100% of the annuity payment that
is payable to the employee.
If the employee dies before the annuity starting date, the
only benefit allowed (except as provided in paragraph (c)(4)
of Q&A-17) is a life annuity payable to the surviving spouse
where the annuity payment is not in excess of 100% of the
annuity payment that would have been payable to the
employee as of the date that benefits to the surviving spouse
start. However, the annuity is permitted to exceed 100% of
the annuity payment that would have been payable to the
employee to the extent necessary to satisfy the requirement
to provide a qualified preretirement survivor annuity (as
defined under section 417(c)(2) or ERISA section 205(e)(2))
pursuant to section 401(a)(11)(A)(ii) or ERISA section
205(a)(2).
Any annuity payable to the surviving spouse of an
employee who dies before the annuity starting date must
start no later than the date on which the annuity payable to
the employee would have started under the contract if the
employee had not died.

Percentage limitation. The percentage limitation is an
amount equal to the excess of 25% of the total account
balances of the IRAs (other than Roth IRAs) that an individual
holds as the IRA owner (including the value of any QLACs
held under those IRAs) as of December 31 of the calendar
year immediately preceding the calendar year in which a
premium is paid over the sum of (1) the premiums paid
before that date on the contract, and (2) the premiums paid
on or before that date on any other contract intended to be a
QLAC and that is held or was purchased for the individual
under those IRAs.
For purposes of the dollar and percentage limitations on
premiums, unless the trustee, custodian, or issuer of an IRA
has actual knowledge to the contrary, the trustee, custodian,
or issuer may rely on the IRA owner’s representation, made
in writing or in such other form as may be prescribed by the
Commissioner, of the amount of premiums paid for any other
contract intended to be a QLAC and that are not paid under
the IRA, and the account balance of any other IRA.

Surviving spouse is not the sole beneficiary. In this
situation, the only benefit allowed (except as provided in
paragraph (c)(4) of Q&A-17) after death is a life annuity
payable to the designated beneficiary where the annuity
payment is not in excess of the applicable percentage
(determined under paragraph (c)(2)(iii) of Q&A-17) of the
annuity payment that is payable (if the employee dies on or
after the annuity starting date for the contract) or would have
been payable (if the employee dies before the annuity
starting date) to the employee. For more information on the
applicable percentage, see paragraph (c)(2)(iii) of Q&A-17.
When the employee dies before the annuity starting date,
any life annuity payable to a designated beneficiary (other
than a surviving spouse) must commence by the last day of
the calendar year immediately following the year of the
employee's death.

Consequences of Excess Premiums
If an annuity contract fails to be a QLAC solely because a
premium for a contract exceeds the limits under paragraph
(b) of Q&A-17, then the contract is not a QLAC beginning on
the date that premium payment is made unless the excess
premium is returned to the non-QLAC portion of the
employee’s account in accordance with paragraph
(d)(1)(ii)(B) of Q&A-17. If the contract fails to be a QLAC,
then the value of the contract may not be disregarded under
paragraph A-3(d) of Regulations section 1.401(a)(9)-5 as of
the date on which the contract ceases to be a QLAC.
If the excess premium is returned to the non-QLAC portion
of the employee’s account by the end of the calendar year
following the calendar year in which the excess premium was
originally paid, then the contract will not be treated as
exceeding the limits under paragraph (b) of Q&A-17 at any
time, and the value of the contract will not be included in the

Multiple beneficiaries. If an employee has more than one
designated beneficiary under a QLAC, the rules in paragraph
A-2(a) of Regulations section 1.401(a)(9)-8 apply for
purposes of paragraphs (c)(1) and (c)(2) of Q&A-17.
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Instructions for Form 1098-Q (Rev. 12-2019)

whose name the contract has been purchased for each
calendar year beginning with the year in which the premiums
for a contract are first paid and ending with the earlier of the
year in which the individual in whose name the contract has
been purchased reaches age 85 or dies. If the individual dies
and the sole beneficiary under the contract is the individual's
spouse (in which case the spouse's annuity would not be
required to commence until the individual would have
commenced benefits under the contract had the individual
survived), you must file Form 1098-Q and provide a
statement annually to the spouse until the year in which the
distributions to the spouse begin or the year in which the
spouse dies, if earlier.

Return of Premiums
In general, in lieu of a life annuity payable to a designated
beneficiary under paragraph (c)(1) or (c)(2) of Q&A-17, a
QLAC is permitted to provide for a benefit paid to a
beneficiary after the death of the employee in an amount
equal to the excess of the premium payments made with
respect to the QLAC over the payments already made under
the QLAC.
If a QLAC is providing or will provide a life annuity to a
surviving spouse under paragraph (c)(1) of Q&A-17, it is also
permitted to provide for a benefit paid to a beneficiary after
the death of both the employee and the spouse in an amount
equal to the excess of the premium payments made with
respect to the QLAC over the payments already made under
the QLAC.

Issuer's Name, Address, Telephone Number,
and TIN Boxes

Enter the name, address (including street address, city or
town, state or province, country, and ZIP or foreign postal
code), and telephone number of the entity with the filing
requirement (issuer) in the box in the upper left corner. The
telephone number must allow a participant to reach a person
knowledgeable about the information reported on the form.

A return of premium payment under paragraph (c)(4) of
Q&A-17 must be paid no later than the end of the calendar
year following the calendar year in which the employee dies.
If the employee’s death is after the required beginning date,
the return of premium payment is treated as a required
minimum distribution (RMD) for the year in which it is paid
and is not eligible for rollover. See the Instructions for Forms
1099-R and 5498 for further information regarding rollovers
and RMDs.

Account Number

The account number is required if you have multiple
accounts for a recipient for whom you are filing more than
one Form 1098-Q. Additionally, the IRS encourages you to
designate an account number for all Forms 1098-Q that you
file. See part L in the current General Instructions for Certain
Information Returns.

If the return of premium payment is paid after the death of
a surviving spouse who is receiving a life annuity (or after the
death of a surviving spouse who has not yet begun receiving
a life annuity after the death of the employee), the return of
premium payment must be made no later than the end of the
calendar year following the calendar year in which the
surviving spouse dies. If the surviving spouse’s death is after
the required beginning date for the surviving spouse, then the
return of premium payment is treated as an RMD for the year
in which it is paid and is not eligible for rollover.

If the contract was purchased under a plan, enter the name
of the plan, the plan number, and the employer identification
number of the plan sponsor.

Who Must File

Box 1a. Annuity Amount on Start Date

Plan Number, Name of Plan, and Employer
Identification Number

If the payments have not yet started, enter the amount of the
periodic annuity payable on the start date.

Any person who issues a contract intended to be a QLAC
that is purchased or held under any plan, annuity, or account
described in section 401(a), 403(a), 403(b), 408 (other than a
Roth IRA) or eligible governmental plan under section 457(b),
must file Form 1098-Q.

Box 1b. Annuity Start Date

If the payments have not yet started, enter the annuity
starting date on which the annuity is scheduled to start.

Furnishing Statements to Participants

Box 2. Check if Start Date May Be Accelerated

If you are required to file Form 1098-Q, you must furnish a
statement to the participant annually. For more information
about the requirement to furnish a statement to each
participant, see part M in the current General Instructions for
Certain Information Returns.

Check the box if payments have not yet started and the start
date may be accelerated.

Box 3. Total Premiums

Enter the cumulative total amount of all premiums paid for the
contract through the end of the calendar year.

Truncating participant's TIN on payee statements.
Pursuant to Regulations section 301.6109-4, all filers of this
form may truncate a participant's TIN (social security number
(SSN), individual taxpayer identification number (ITIN),
adoption taxpayer identification number (ATIN), or employer
identification number (EIN)) on payee statements. Truncation
is not allowed on any documents the filer files with the IRS. A
filer's TIN may not be truncated on any form. See part M in
the current General Instructions for Certain Information
Returns.

Box 4. FMV of QLAC

Enter the fair market value (FMV) of the QLAC as of the close
of the calendar year.

Boxes 5a Through 5l

Enter the amount of each premium paid for the contract and
the date of the premium payment.

Manner and time for filing. You must file Form 1098-Q
with the IRS and furnish a statement to the individual in

Instructions for Form 1098-Q (Rev. 12-2019)

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