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Level 2
January 8, 2022
Question

life insurance surrender

  • January 8, 2022
  • 6 replies
  • 38 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?

6 replies

Alumni - Champ
January 8, 2022

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

Alumni - Champ
January 8, 2022

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

Carl
Level 11
Level 11
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.

 

Mike9241
Level 15
Level 15
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. 

 

Mike9241
Carl
Level 11
Level 11
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.