The “no double deferral” point
A deferred annuity’s signature tax feature is that its gains grow untaxed until withdrawal. But an IRA already provides that deferral by law. So an annuity held inside an IRA does not add a second layer of tax deferral — the deferral comes from the IRA wrapper, not the annuity. Understanding that is the starting point: whatever the reason to hold an annuity in an IRA, the income-tax deferral is not it, because the IRA supplies it regardless of what the IRA holds. (Relatedly, the § 72(u) rule that strips deferral from annuities owned by non-natural persons does not apply to annuities held under a qualified plan or IRA — those are carved out — because the account’s own rules govern instead.)
How it interacts with required distributions
First distinguish the two IRA types. A traditional IRA is subject to required minimum distributions once the owner reaches the applicable RMD age; a Roth IRA has no lifetime RMDs for the original owner, so the RMD-management points in this section apply to traditional IRAs (a Roth IRA owner’s beneficiaries remain subject to the post-death rules under IRC § 401(a)(9)). The owner’s applicable age is birth-year based: age 73 for those born 1951–1959 and age 75 for those born in 1960 or later; for a person born in 1959, the proposed regulations use age 73. When part of the IRA is an annuity that has been “annuitized” into a stream of payments, those payments are generally treated as satisfying the RMD for that portion, and the rest of the IRA is handled under the ordinary RMD rules (IRC § 401(a)(9); Treas. Reg. § 1.401(a)(9)-6).
When an IRA is partly annuitized, the final regulations permit specified aggregation of annuity payments with the remaining account balance for RMD purposes. Related valuation and operational provisions remain proposed in REG-103529-23. IRS Announcement 2026-7 states that future final amendments to Treas. Reg. §§ 1.401(a)(9)-4 through -6 will apply no earlier than a distribution calendar year beginning at least six months after publication; before then, taxpayers must use a reasonable, good-faith interpretation of the statute. The coordination between an annuitized piece and the rest of the account is a common source of confusion, and worth confirming with the custodian in writing.
The qualified longevity annuity contract (QLAC)
One specific IRA annuity gets special treatment: the qualified longevity annuity contract, or QLAC. A QLAC lets an IRA owner set aside a portion of the account for guaranteed income starting later in life — as late as age 85 — and, crucially, the amount placed in a QLAC is excluded from the balance used to compute RMDs until the QLAC’s payments begin. That can reduce required distributions during the owner’s 70s and early 80s.
For 2026, the aggregate premium limit for qualifying longevity annuity contracts remains $210,000. A QLAC must satisfy the regulatory contract, premium, payment, and death-benefit requirements, and payments generally must begin no later than age 85; the dollar cap and start age are not the only requirements.
Because a QLAC is a device for deferring required minimum distributions, it belongs to accounts that have them. A contract purchased under a Roth IRA is not treated as a QLAC for these rules; the QLAC discussion here is a traditional-IRA matter.
A QLAC is a mechanics tool for managing longevity risk and the timing of required distributions — not a product this page endorses. Whether one fits a given plan is a question for a qualified professional.
Which death rules apply
Here is the point most relevant to estate planning: an annuity held inside an IRA follows the retirement-account death rules, not the non-qualified annuity rules. So at the owner’s death, the inherited IRA — annuity and all — is governed by IRC § 401(a)(9): the surviving-spouse options, the eligible-designated-beneficiary categories, and the 10-year rule for everyone else, exactly as covered on the spouse-vs-non-spouse and 10-year-rule pages. This is a different regime from a non-qualified annuity owned outside a retirement account, which follows § 72(s) and its five-year default — the subject of our trust-as-annuity-beneficiary page. Confusing the two leads to the wrong post-death plan.
After death, the Code’s beneficiary, required-beginning-date, and ten-year rules apply together with the annuity contract’s payout terms. The outcome depends on the account type, the beneficiary’s status, whether death occurred before or after the required beginning date, and the contract’s provisions — so the post-death rule is not a single answer.
Sources & methodology
Methodology & sources
Primary sources are cited in place: IRC § 401(a)(9) and Treas. Reg. §§ 1.401(a)(9)-5(a)(5)(iv), 1.401(a)(9)-6, and 1.408-8 (annuity payments, partial-annuitization aggregation, and RMDs); the § 72(u)(3) carve-out for qualified-plan and IRA annuities; and IRS Notice 2025-67 for the 2026 QLAC premium limit of $210,000. Statutory links point to the official government sources (U.S. House Office of the Law Revision Counsel and the eCFR) rather than an unofficial mirror. The RMD applicable age is birth-year based (73 for those born 1951–1959, 75 for 1960 or later) and the QLAC age-85 income start reflects current law under SECURE 2.0; the partial-annuitization aggregation rule appears in the final regulations (T.D. 10001), while related valuation and operational provisions remain proposed (REG-103529-23), and IRS Announcement 2026-7 sets the effective-date transition. See our editorial standards.
This page is educational and is not legal, tax, or investment advice, and describes no specific product. Whether an annuity belongs in an IRA — and how it should be structured — depends on facts this page cannot see; confirm with a qualified professional.
Last verified July 29, 2026.
Corrections & updates
- — Legal-accuracy corrections applied and verified against official primary sources (Wave E-1 correction pass): restated the owner's RMD age as birth-year based (73 for those born 1951–1959, 75 for 1960 or later; 1959 per proposed REG-103529-23), added the final-regulation option to aggregate partial-annuitization payments with the remaining account balance for RMD purposes together with the IRS Announcement 2026-7 effective-date transition, clarified that a QLAC must meet the regulatory contract, premium, payment, and death-benefit requirements beyond the $210,000 cap and age-85 deadline, and noted that post-death treatment turns on account type, beneficiary status, the required beginning date, and contract terms. Statutory links repointed to official government sources.
- — Re-review pass: deleted the superseded categorical treatment of 'an IRA' as a single type — the RMD discussion now distinguishes a traditional IRA (subject to lifetime RMDs) from a Roth IRA (no lifetime RMDs for the owner) — and added that a Roth IRA is not treated as, and is not permitted to hold, a qualified longevity annuity contract (QLAC), which is a traditional-IRA device.
- — Reviewer attribution activated (Evan Miller, Esq., Florida Bar No. 112646) and the page-level and related-card verification dates refreshed to July 29, 2026, per the signed Final URL Approval Memorandum.