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January 8, 2022
Question

life insurance surrender

  • January 8, 2022
  • 3 replies
  • 0 views

I will be surrendering a life insurance policy with a date of inception in 1992.  I found some tax web sites advising that the gains are not taxable if the date of inception is prior to March 31, 2003.  I could not find this on the IRS website.  So, is this rule still in force, or will I owe taxes on the gains?  Can anyone provide a link to the IRS rule?

3 replies

Employee
January 8, 2022

Can you provide a link to one of the sources that you saw?

Employee
January 8, 2022

I did find one link myself, but it for policies in a foreign country.

Carl11_2
Employee
January 8, 2022

If the insurance company sends you a 1099-R or any other type of tax reporting document, then the amount on the document they send you is reportable on your tax return. Weather it's taxable or not is a completely different matter.

 

January 8, 2022

taxability of life insurance is governed by IRC 101 and the related regulations.

the section is applicable for proceeds received after 8/16/1954.

 

you'll have to provide a cite as to 1992

 

there are special; rules for accelerated death benefits. 

 

Carl11_2
Employee
January 8, 2022

Things depend on the type of policy. For example, I used to have a "whole life" policy that included an investment rider. When I cashed out the policy, about $12K of the 50K cash out was investment earnings that were fully taxable. I received a 1099-R for that 12K of earnings too.