Death benefits are usually not subject to federal income tax. There are exceptions, though, if the IRS deems your insurance policy to be an investment in disguise. Your insurance agent should be able to tell you if your policy benefits will be taxable The answer is complicated, although 98% of the time, benefits are not INCOME taxable.
The death benefit, however Only when no beneficiary is named is included in the value of the estate of the deceased, which means that estate taxes could be owed on the death benefit by the estate. Also, whenever a policy is sold (what's known as a "transfer for value"), the benefits become income tax taxable The "interest build-up" portion of the annual increase in the policy's cash value is not taxed. Dividends generally are considered to be a "return of premium" and are not taxable.
Although life insurance death proceeds will not typically be subject to income taxation, they may be subject to federal estate taxation. If you own part or all of the policy when you die, those can be included in your gross estate for federal estate tax purposes. State inheritance taxes and federal gift taxes may also apply to life insurance policies/proceeds under specific circumstances.
Contact your tax adviser regarding questions about possible income, estate and gift tax consequences surrounding any life insurance you own or are contemplating buying Answer THIS JUST ISN'T A MATTER OF QUESTION. The IRS Citations provided, and others right along those locations, can be used as legal 'substantial authority". YOU CAN TAKE THIS TO THE BANK...or IRS as the case may be!
One of the still remaining, best aspects of Life insurance, (the investment aspect of which has been generally agreed to be poor at best) is that the insurance industry has gotten congress to retain the rules that payouts of life insurance to a beneficary are NOT TAXABLE That is also why one should always have their insurance policy payable to a specific beneficiary...it passes very quickly, directly to them outside of the estate and being outside the estate, is exempt from estate/ineritance and transfer taxes or fees, or other people constesting it. (If you make yourself or your estate the beneficiary, that advantage is lost as the money goes there where everybody/thing has a shot at it) Citations: Amounts received under a "life insurance contract" , that are paid by reason of the insured's death aren't included in the gross income of the recipient (i.e. , beneficiary) ( Code Sec.
101(a) ) (unless the policy was transferred for value). The exclusion applies to lump sum payments made at the time of the insured's death, and to amounts paid later to the extent the payment doesn't exceed the amount payable at death.( Reg § 1.101-1(a)(1).
While life insurance death benefits are generally excluded from income tax to the beneficiary, they are included as part of the estate of the deceased if the deceased was the owner of the policy at the time of death. This inclusion as part of the estate may subject the benefit paid to estate taxes both at the federal and state levels. Estate inclusion can be avoided if the owner of the life insurance policy is someone other than the deceased, however; this assignment must have occurred more than three years prior to the date of death, or the IRS will still consider the deceased as the policy owner for estate tax purposes.
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