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Annuity vs CD Topic: 1-year MYGA, §1035 strategy Author: Hans Goldstein, NPN 20602398 Last updated: 2026-06-27

1-Year MYGA vs 1-Year CD — Why the MYGA Gives You §1035 Flexibility

TL;DR

A 1-year MYGA can be exchanged tax-free into a new annuity contract via IRC §1035 — meaning you can shop better rates at maturity without paying tax on the gain. A 1-year CD can't. At maturity it must be cashed out (taxable event each rollover) or auto-renewed at whatever rate that bank offers. For multi-year compounding, the MYGA's §1035 optionality is worth 50-200 basis points over a decade.


Side-by-side: 1-year MYGA vs 1-year CD

Twelve dimensions. Read this before anything else on the page.

Dimension 1-Year MYGA 1-Year CD
Term12 months guaranteed12 months guaranteed
Current rate (June 2026)~4.50–4.75%~4.40–5.00% (top online banks)
Taxation timingTax-deferred until withdrawalInterest taxed annually (1099-INT each year)
Rollover mechanics§1035 exchange — tax-free, no constructive receiptCash out + redeposit — taxable event each time
Early withdrawal costMVA + surrender charge (typically 5-9% Y1)EWP = 3-12 months of interest
Principal protectionCarrier reserves + state guaranty assoc.FDIC up to $250K per depositor per bank
State guaranty fund$250K–$500K per insured per carrier (state-by-state)N/A — uses FDIC instead
FDIC coverageNo (annuity, not a bank deposit)Yes, up to $250K
Minimum deposit$10K–$25K typical$500–$10K typical
Flexibility scoreHigh at maturity (§1035 to anything)Low (cash out or auto-renew)
§1035 eligibleYes — annuity-to-annuity, tax-freeNo (not an annuity)
IRA-eligibleYes (qualified MYGA) or non-qualifiedYes (IRA CD) or taxable CD

Top 1-year CD headline rates sometimes nominally beat 1-year MYGAs. The §1035 advantage shows up when you compare after-tax compounding over multiple rollovers — the realistic use case for retirement savers parking $100K-$500K of safe money.


What is a §1035 exchange?

IRC §1035(a)(3) permits a tax-free exchange of one annuity contract for another annuity contract. The exchange does not trigger income tax, even if the old contract has accumulated gain. Proceeds wire carrier-to-carrier. Cost basis transfers dollar-for-dollar. The old carrier issues Form 1099-R coded "6" (Section 1035 exchange) — informational only, no tax liability.

The full §1035 menu (in order of common use):

The §1031 analogy (for real estate-savvy readers)

If you've ever sold an investment property and rolled the proceeds into another property to defer capital gains, you used IRC §1031 — the like-kind exchange rule for real property. §1035 is the same conceptual maneuver applied to insurance contracts: swap one asset of the same class for another, defer the embedded gain, keep the cost basis. Different code section, different asset class, same idea. You cannot cite §1031 for an annuity move or §1035 for a real estate move — don't mix them on a return.


How this benefits 1-year MYGA holders

At the end of year one your 1-year MYGA matures. You now have four real choices, three of which a CD holder doesn't get:

  1. Surrender for cash. The carrier sends a check. The gain is taxable in the year received. This is the only option a CD holder has at maturity.
  2. §1035 exchange into another 1-year MYGA at a better-paying carrier. Tax-free. You shop the market and the basis follows you.
  3. §1035 exchange into a multi-year MYGA (3-, 5-, 7-, 10-year) if rates dropped and you want to lock long. Tax-free.
  4. §1035 exchange into an FIA, DIA, or SPIA if your goals shifted toward principal-protected upside, deferred income, or immediate income. Tax-free.

Worked example — the math

Scenario A — 1-year MYGA holder: deposit $250,000 at 4.75%. End-of-year value $261,875, gain $11,875. At maturity: §1035 tax-free into a 5-year MYGA at 5.50%. Cost basis stays $250,000; account value transfers at $261,875. Tax owed: $0. Full $261,875 keeps compounding.

Scenario B — 1-year CD holder, same numbers: deposit $250,000 at 4.75%. End-of-year value $261,875, gain $11,875. At maturity: cash out. The $11,875 hits Schedule B. At 24% federal bracket: $2,850 owed (CA resident at 9.3%: add ~$1,104 state, total tax drag ~$3,954). Redeposit $259,025 after federal tax. You just gave up $2,850 of compounding capital — every year, forever.

One rollover, the gap is small. Compound it over a decade and the MYGA holder gets a structural lead of 50-200 bps of effective net return. Bigger balance, higher bracket — wider gap.


§1035 mechanics — step by step

This is what actually happens when you do one. Read this once and you'll know more about §1035 than 80% of advisors selling MYGAs.

  1. Apply at the new carrier first. The application includes a §1035 transfer request packet — a 2-3 page form naming the old carrier, old policy number, and transfer amount.
  2. New carrier sends the §1035 request to the old carrier. Often with a Medallion Signature Guarantee or notarized owner signature.
  3. Old carrier processes the request. Liquidates the contract, calculates any surrender charge or MVA, prepares a check or wire payable to the new carrier, FBO your name. The check must NOT be made out to you.
  4. Funds arrive at the new carrier. End-to-end timeline: 30 to 90 days. Wires faster than checks; bigger carriers process faster than small ones.
  5. New contract issued. Cost basis recorded at the same number the old carrier reported.
  6. Old carrier files Form 1099-R with code "6". Informational; no tax owed.

At no point may you take possession of the funds. The IRS calls this constructive receipt, and the moment a check made payable to you personally hits your mailbox the exchange is broken and the gain becomes taxable. If you ever see a check made out to you for "§1035 proceeds," call the carrier and refuse it.


Common §1035 mistakes that trigger tax

Same handful of errors show up over and over.


Multi-year §1035 strategy — the 1-year MYGA ladder

The hidden power of a 1-year MYGA isn't year one. It's the multi-decade compounding effect of being able to roll tax-free every year you want a better carrier or a different structure.

Worked comparison — $500K, 10 years, 24% federal bracket

Assume both products average 4.75% gross per year. You reshop annually because that's the point of a 1-year instrument.

CD ladder (taxable each rollover)

MYGA ladder via annual §1035 exchanges (tax-deferred)

The gap exists because every year of CD interest siphons compound capital out permanently. The MYGA holder keeps the full pre-tax amount working every year. §1035 is what makes that sustainable across multiple carriers and rate cycles.


When a 1-year CD still beats a 1-year MYGA

I sell MYGAs. I also tell people when a CD is the right call. Here are the four cases where a 1-year CD is genuinely the better instrument:


How to find 1-year MYGAs (they're rare)

Most of the MYGA market lives at 3-10 year terms. The 1-year MYGA is a niche product because the carrier earns less spread on a short-dated contract, so they offer fewer of them. As of June 2026 here are the carriers that consistently offer 1-year MYGA terms:

CarrierProductAM BestApprox 1-yr Rate
Aspida LifeSynergy Choice 1-yrA-~4.60%
Oxford LifeMulti-Select 1-yearA-~4.55%
Sentinel Security LifePersonal Choice 1-yrB++~4.75%
Atlantic Coast LifeSafe Harbor 1-yrB++~4.80%

Always verify current rates against AnnuityRateWatch or the carrier's posted rate sheet — MYGA rates move monthly. AM Best ratings above are current as of mid-2026.

The trade-off: 1-year MYGAs pay lower headline rates than longer terms — typically ~4.50-4.75% on 1-year vs ~5.25-5.50% on 5-year at the same carrier. You're paying ~75 bps of yield in exchange for short duration plus the option to §1035 into something else in 12 months.

Whether the yield give-up is worth it depends entirely on your view of where rates go. If you expect rates to rise, the 1-year MYGA + §1035 lets you upgrade. If you expect rates to fall, lock the 5-year now.


Goldstein's Take

If the choice is genuinely between a 1-year MYGA and a 1-year CD for money you intend to keep working in the safe-money sleeve for years, the MYGA wins on flexibility — and the §1035 exchange is the reason. The CD forces a taxable event every 12 months. The MYGA lets you defer tax indefinitely while still resetting the rate annually and shopping across carriers. Over a decade with a 24% federal bracket and a $250K-$500K balance, that's $20K-$80K of compound capital you keep instead of mailing to Treasury one year at a time. For under-59½ holders, for sub-$25K balances, and for money earmarked for a specific upcoming expense, the CD wins on simplicity. For everything else — particularly retirement-age savers parking large balances — the 1-year MYGA's §1035 optionality is structurally superior. Most agents won't show you a 1-year MYGA because they're not on most agent shortlists. Ask anyway.


If you're shopping this comparison, also read


Frequently Asked Questions

Is IRC §1035 the same as §1031?
No. §1031 is the like-kind exchange code for real estate (post-2017 TCJA, real property only). §1035 is the parallel tax-free exchange code for insurance products — life insurance, annuities, and qualified LTC. Concept is similar (defer the gain by swapping into the same asset class), but the citations and rules are different. For an annuity-to-annuity exchange you cite IRC §1035(a)(3).
Do I owe tax when I §1035 exchange an annuity?
No federal income tax on the exchange itself. The old carrier sends Form 1099-R with distribution code 6 (Section 1035 exchange) — that's informational reporting only, not a tax bill. Cost basis carries to the new contract. You still owe tax on gains whenever you eventually withdraw from the new contract.
Can I §1035 from one carrier to another?
Yes. Cross-carrier exchanges are the standard use case. Same owner, same annuitant (generally), funds wired carrier-to-carrier. You never touch the money. That's what makes it tax-free.
Can I §1035 from a non-qualified annuity into a qualified (IRA) annuity?
No. §1035 requires the same tax character on both sides. Non-qualified to non-qualified is fine. Qualified to qualified is fine (and is usually done as a trustee-to-trustee transfer under §408 instead). Mixing the two breaks §1035 and triggers tax.
What happens if I die during a §1035 exchange?
If the funds have left the old carrier but not yet landed at the new one, the proceeds typically pay to the beneficiary of record on the old contract. Beneficiaries should request clarification of basis treatment with the carrier and a tax pro. The §1035 character is preserved if the exchange completes per the contract paperwork.
Does §1035 reset the surrender schedule?
Yes, at the new carrier. You inherit a fresh surrender period on the new contract. This is the trade-off: tax-free roll, but you re-up on liquidity restrictions. For a 1-year MYGA rolling into another 1-year MYGA, the surrender schedule is short, so the reset is mild.
Can I §1035 a 1-year MYGA into a 5-year or 10-year MYGA?
Yes. §1035 doesn't care about contract length — it only cares that both sides are annuities (or qualifying insurance). A 1-year MYGA can roll tax-free into a 5-year MYGA, a 10-year MYGA, an FIA, or a SPIA.
Will the new carrier accept partial §1035 exchanges?
Most do. Partial §1035 (move part of the old contract, leave part in place) has been valid since IRS Rev. Proc. 2011-38. The 180-day no-withdrawal rule applies to both contracts after the partial split — check the carrier's specific procedure.
What if I take a check from the old carrier and send it to the new carrier myself?
You just broke §1035. The IRS calls this constructive receipt — the moment a check is payable to you personally, the gain is taxable. The check must be made out to the new carrier (FBO your name), not to you.
Does §1035 apply to a husband-to-wife annuity transfer?
No. §1035 requires the same owner on both sides. Changing the owner mid-exchange voids the §1035 character and triggers tax on the gain. Husband-to-wife transfers are handled under different rules (gift tax, marital transfer, or beneficiary designation at death).

Hans Goldstein, NPN 20602398

Want me to find the best 1-year MYGA + map the §1035 path for your next move?

15-minute call — no pressure.

I'll pull current 1-year MYGA rates across the A-rated shelf, compare them to the best 1-year CDs you're seeing, and write out the §1035 exchange path for what happens at maturity — including the specific carriers I'd shop at year 2 if rates move. Independent, no carrier owns me.

Hans Goldstein · 213-414-2808 · NPN 20602398, independent licensed insurance producer appointed with multiple A-rated carriers

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Disclosure

This article reflects publicly available product materials and approximate rates as of the date stated above. Annuity rates, CD rates, MYGA crediting, and surrender schedules change frequently — typically monthly. Always confirm current values against the most recent carrier disclosure document and the actual contract before purchasing. This article is general information for educational purposes; it is not a personalized recommendation, solicitation, or offer of any specific product, nor is it tax or legal advice. Hans Goldstein is an independent licensed insurance producer (NPN 20602398) appointed with multiple A-rated carriers across the annuity and long-term care insurance market; the producer's specific appointment status with the carriers mentioned in this article may vary, and this article is not an endorsement or representation of carrier appointment. No compensation has been received from any carrier in connection with the publication of this article. Always read the actual contract and consult a licensed advisor and a qualified tax professional before purchasing any annuity or executing a §1035 exchange. AM Best ratings, IRS rules under IRC §1035 and §1031, and tax treatment generally are subject to change. Tax discussion of IRC §1035, IRC §1031, Rev. Proc. 2011-38, the Pension Protection Act of 2006, and the 10% pre-59½ penalty reflects law as of 2026 and is subject to change.

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