kgg2
Returning Member

1099-R for Life Insurance withdrawal

I changed my life insurance policy from one company to another  in 2023.

 

Steps:

1.  withdrew $25,000 as a partial surrender. my cost basis was $31,130, so everything showed this would be non taxable.

 

2. Did a 1035 exchange to the new life insurance for the remaining $40,493, remaining cost basis was 6,130.

 

Old account was closed, new policy was created.

 

when i got my 1099-Rs, they show this:

 

1,  Box 1 - 25,000,     Box 2a 25,000 , Box 7 codes are 7D.  Nothing anywhere else

 

2.  Box 1 40,493, box 2a 0.00, Total distribution checked, Box 5  6,130, Box 7 Codes 6

 

After questioning my old insurance company multiple times about why the 25,000 is showing as taxable,  their response is basically this:

 

Since i did both the partial surrender (25,000) and the 1035 exchange in the same year, that makes the 25,000 taxable.  This is not based on an actual tax code, but a 'Non Authoritative guidance'.

 

So my question is , is this correct? is it taxable now?  And if it is, shouldn't the cost basis have stayed at 31,130?  That makes a difference on any future withdrawals i may need to make and whether the money is taxable.