Taxation Life Insurance Flashcards
Whole Life Taxation
Cash value- above cost basis at surrender is ordinary income. Not taxable at death
Dividends - not taxable until withdrawn. Unused premium.
Withdrawal/Loan - Cash Value+ Loans = Actual Cash Value
Basis= Premiums billed-dividends used to pay premium
Actual Cash Value-Basis= Ordinary Income
Death Benefit - tax free..unless insured, bene and owner are all different.
USDA Uniform Simultaneous Death Act
Persons who die within 120 hrs or each other. Bypass estate of second person to other benes.
MEC Modified Endowment Contract
1.Meets the requirements of life insurance
2.After 6/21/1988
unless material change like death Benefit increase 150K(no proof of insurability)
3.Fails 7 pay test -too much premium pd in first 7 years
Single premium always a MEC for test!
Once a MEC always a MEC
4.meets guidline premium and corridor or cash value accumulation test
Withdrawals taxed LIFO
Under 59 1/2 10% penalty
Dividends taxable ordinary income (cash to reduce premiums, retained for loan payment, received in cash)
Death Benefit Excludable from income
Transfer for Value
tax exclusion lost
Except:
- transfer to the insured
- transfer to a partner of insured
- transfer to corporation insured is officer or 10% shareholder
A gift/sale of policy to a family member is a taxable gift but not transfer for value
1035 Exchange
Same owner and insured/annuitant otherwise not tax free
life -> life
annuity -> annuity
life -> annuity
NO annuity ->life
1099
report:
Dividends held accumulate with interest
MEC and a withdrawal occurred
MEC-Dividends used to reduce premiums