Take What You Can Withdraw, When You Can Take It, and What You’ll Owe in Taxes
Deferred annuities are designed to grow your money tax-deferred for retirement. But many contract holders are surprised to learn that they can access some of their money each year—without paying a penalty—as long as they stay within the contract’s limits. Knowing how this feature works can help you avoid costly surrender charges or IRS penalties and make smarter use of your annuity funds.
Let’s break down exactly how penalty-free withdrawals work, how they’re taxed, and what happens if you don’t use them.
Scenario
You own a deferred annuity and want to access some of the money before the contract ends. You’re trying to avoid surrender charges from the insurance company and tax penalties from the IRS. You’re also unsure what tax bill you’ll owe when you do withdraw.
How Penalty-Free Withdrawals Work
Most annuities allow you to take out up to 10% of your account value per year without a surrender charge. Once your annuity has been in force for at least 12 months (some allow sooner), most contracts let you withdraw up to 10% of the contract value per contract year without paying surrender charges. This feature is called a free withdrawal allowance.
If your contract is worth $250,000, your penalty-free withdrawal might be $25,000 per year. If you stay within this amount, you avoid the surrender charge even during the early years of the contract.
- Pros
- No surrender fee if you withdraw within the allowed amount
- Liquidity without disrupting your annuity’s tax-deferral status
- Often resets every contract anniversary
- Cons
- Exceeding the allowance triggers surrender charges
- Each withdrawal lowers your account value and future income
Important: Free withdrawals are optional. You’re not required to take them. If you don’t need the money, leave it in the contract to grow.
Can Penalty-Free Withdrawals Hurt Your Lifetime Income?
How Withdrawals Are Taxed
Only the gains are taxable—principal is not taxed. Withdrawals from a deferred annuity are taxed on a last-in, first-out (LIFO) basis. That means your earnings come out first, and they’re taxed as ordinary income.
- If you withdraw before age 59½, you’ll pay income tax plus a 10% IRS penalty on the gain unless you qualify for an exception.
- If you’re over age 59½, you’ll only owe income tax on the gain portion.
Example: If your annuity has grown from $200,000 to $250,000, the $50,000 of gain is taxable. If you withdraw $10,000, all $10,000 will be taxed as ordinary income until the gains are exhausted.
- Pros
- You defer taxes until you actually withdraw
- Gains are only taxed once you take them
- Cons
- Gains are taxed at ordinary income rates (not capital gains rates)
- Withdrawals before 59½ may trigger a 10% penalty
Accumulating Penalty-Free Withdrawals
Some contracts let you carry forward unused withdrawals to future years. Not all annuities are “use-it-or-lose-it” when it comes to penalty-free withdrawals. Some contracts allow you to accumulate unused free withdrawal amounts and carry them into future years.
For example:
- In Year 1, you don’t take the 10% free withdrawal.
- In Year 2, your contract allows 10% + 10% = 20% withdrawal with no surrender charge.
However, this feature is not standard—it depends on the insurance company and the specific product.
- Pros
- Provides greater liquidity in later years
- More flexibility to access larger sums if needed
- Cons
- Not all contracts offer accumulation
- You must keep track of unused amounts
Who Needs This Feature
- Anyone nearing retirement who wants to tap into funds without damaging their long-term growth
- People who want a safety valve in case of medical bills, emergencies, or income shortfalls
- Investors who plan to take income gradually and want to control tax impact
Who Doesn’t Need It
- People who don’t plan to touch the annuity until annuitization or income rider activation
- Those with other liquid assets (like high-yield savings or brokerage accounts)
Helpful Add-on: Consider a GLWB Instead of Taking Withdrawals
If you’re considering frequent withdrawals from your annuity, you may benefit more from using a Guaranteed Lifetime Withdrawal Benefit (GLWB) rider. With this rider:
- You receive a fixed percentage of income for life
- You maintain control of your account balance
- You don’t pay surrender fees or worry about exceeding withdrawal limits
At age 65, many GLWBs pay out 7.3% for life, guaranteed—even if the market drops. That’s higher than the typical 4% retirement withdrawal rule.

What Other Insurance Helps Support This Strategy?
- Long-term care insurance – Avoid using penalty-free withdrawals to pay for care
- Disability insurance – Keep your annuity intact if you lose your income
- Life insurance – Protect your family from the loss of annuity value at your death
Get Help Comparing Contracts With the Best Withdrawal Terms
Not all deferred annuities allow you to accumulate free withdrawals. Not all of them have generous terms. If you want to make sure your contract gives you flexibility, control, and tax efficiency…
Contact The Annuity Expert today for free quotes. We’ll compare contracts from over 25 top-rated insurers and help you choose one with the best penalty-free withdrawal terms, low fees, and highest future income.
Book a call now for a free, no-obligation comparison.
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