Regulation · State guide
Delaware annuity rules
Top 5-year MYGA
6.30%
B++ or better, yield to surrender
- FIA S&P cap
- 17.00%
- As of
- Oct 26
What Delaware law says
Free-look period
If the annuity you bought replaced an existing policy or contract, Delaware gives you at least 20 days from the date you receive it to return it and get an unconditional refund of all premiums paid.
18 Del. Admin. Code § 1204, § 7.4, Delaware Administrative Code Title 18, Regulation 1204 — Replacement of Life Insurance and Annuities, § 7.4 replacing insurer's unconditional refund rightVerified 2026-08-25
What your agent owes you
A producer recommending an annuity must act in your best interest and may not put the producer's or the insurer's financial interest ahead of yours.
18 Del. Admin. Code § 1214, § 4.1, Delaware Administrative Code Title 18, Regulation 1214 — Suitability in Annuity Transactions, duties of insurers and producersVerified 2026-08-25
How Delaware taxes annuity income
Delaware starts individual taxable income from federal adjusted gross income, so the taxable portion of an annuity payment is taxed as ordinary Delaware income.
30 Del. C. § 1105, Delaware Code Title 30, § 1105 — taxable income means federal adjusted gross incomeVerified 2026-08-25
Who regulates annuities in Delaware
Fixed annuities are insurance products, so they are overseen by the state insurance department rather than by the SEC. The department licenses the carriers and the producers who sell them, and it takes consumer complaints.
The Delaware guaranty association
Every state has a life and health insurance guaranty association that steps in when a member insurer fails. Coverage terms are set by state law and differ by state and by product. Contact the association directly for what applies to a specific contract.
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This page is educational and is not legal, tax, or insurance advice. State rules change. Verify anything here with the Delaware insurance department before acting.
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