What a non-qualified annuity is.
A non-qualified annuity is purchased with after-tax dollars, not through a qualified retirement plan (such as an IRA or 401(k)).
Tax treatment of annuity distributions.
Distributions are taxed under the interest-first (LIFO) rule, meaning:
Earnings are taxed first as ordinary income.
Principal (cost basis) is returned tax-free only after earnings are exhausted.
Age-based penalty rule.
If distributions are taken before age 59½, the taxable portion may be subject to:
Ordinary income tax, and
An additional 10% federal penalty tax, unless an exception applies.
Evaluate each option.
A. Fully taxable at all times
Incorrect. Only the earnings portion is taxable.
B. Must begin by age 70½
Incorrect. Required minimum distributions apply to qualified plans, not non-qualified annuities.
C. Before age 59½ may be subject to a penalty
Correct.
D. After age 59½ tax exempt
Incorrect. Earnings are still taxable as ordinary income.
Maryland tax conformity.
Maryland follows federal tax treatment for annuity distributions.
Conclusion.
Early distributions from non-qualified annuities may be subject to a penalty, making option C correct.