Coleen3
Intuit Alumni

Retirement tax questions

You can't rollover proceeds from an insurance policy into an IRA.

What is a 1035 Tax Free Exchange?

A 1035 tax free exchange is the I.R.S. tax code that allows for the rollover of a non-qualified annuity (or transfer of a life insurance policy) to a new annuity or life policy of equal or greater value. Capital gains and/or income taxes will not be realized from this type of transfer when completed properly.

There are only three examples of a 1035 exchange:

  • Annuity to Annuity
  • Life Insurance to Life Insurance
  • Life Insurance Cash Value to Annuity

The I.R.S. does not allow for a 1035 exchange from a tax deferred annuity to any type of life insurance policy. If you want to buy a life insurance policy with the proceeds from an existing annuity, you will first have to annuitize (or surrender) your annuity and pay taxes on any deferred gains.

IRA Prohibitions

IRAs and life insurance policies don't mix. You can't buy life insurance within an IRA. You also can't contribute an insurance policy to an IRA or roll a policy from an employer plan into an IRA. About the only way to get assets from an insurance policy to an IRA is to cash in the policy and contribute the money to the account. However, you'll have to treat the money as taxable income.