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Regulation · State guide

West Virginia annuity rules

Who regulates annuities in West Virginia, what protections exist, and where to verify a carrier or producer before you buy.

Top 5-year MYGA

6.30%

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FIA S&P cap
17.00%
As of
Oct 27
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What West Virginia law says

Free-look period

If you weren't given the buyer's guide and disclosure document at or before you applied, West Virginia requires a free-look period of at least 15 days to return the annuity contract without penalty.

W. Va. Code R. § 114-11E-4, West Virginia Title 114, Series 11E — Annuity Disclosure, § 4 standards for the disclosure document and buyer's guide, annuity free-look periodVerified 2026-08-25

What your agent owes you

A producer recommending an annuity in West Virginia must act in your best interest, without placing their own or the insurer's financial interest ahead of yours.

W. Va. Code R. § 114-11B-5, West Virginia Title 114, Series 11B — Suitability in Annuity Transactions, § 5 duties of insurers and producersVerified 2026-08-25

How West Virginia taxes annuity income

West Virginia starts from your federal adjusted gross income to compute state income tax, so the taxable portion of an annuity payment is taxed as ordinary West Virginia income.

W. Va. Code § 11-21-12, West Virginia Code § 11-21-12 — West Virginia adjusted gross income of resident individualVerified 2026-08-25

Who regulates annuities in West Virginia

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.

West Virginia insurance department

The West Virginia 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.

West Virginia Life & Health Insurance Guaranty Association

This page is educational and is not legal, tax, or insurance advice. State rules change. Verify anything here with the West Virginia insurance department before acting.

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