How can you avoid capital gains on cash withdrawals from life insurance policies?

Asked by: Prof. Ruth Spinka  |  Last update: July 30, 2025
Score: 4.6/5 (22 votes)

WITHDRAW OR BORROW The amount of premiums you have paid into your policy generally represent what is called your basis in your policy. If you wish to take this money out, you can withdraw it tax free, meaning you pay no income or capital gains taxes.

How to avoid capital gains tax on life insurance payout?

How to Avoid Capital Gains Tax On Life Insurance Payout
  1. Tax Free: The amount of premiums you pay into your policy are tax-free.
  2. Ordinary Income: The amount above the premiums paid into your policy up to the cash surrender value is taxed as ordinary income.

How do I avoid taxes on cash value of life insurance?

Cash Value Tax Benefits

You don't owe income tax as long as the money stays in your policy. You can withdraw up to your premium payments tax-free. If you withdraw more than that, you do owe income tax on your gains above what you paid. However, you can also access your cash value through a loan.

Is a cash withdrawal from a life insurance policy taxable?

Cashing out your policy

You're able to withdraw up to the amount of the total premiums you've paid into the policy without paying taxes. But if you withdraw on any gains, such as dividends, you can expect them to be taxed as ordinary income.

What happens if you withdraw from cash value life insurance?

If you borrow or make withdrawals from your cash value, the death benefit of your life insurance will also go down. That means your beneficiaries, likely your family, will receive a reduced payment when you pass. You're basically converting money for them later into money you can use now.

Using Cash Value Life Insurance for Capital Gains Taxes Assessed at Death

27 related questions found

What is the downside of cash value life insurance?

Higher premiums: Cash value policies are significantly more expensive than term policies, so be sure the added cost fits your long-term budget. Fees and expenses: Cash value policies often come with extra fees and charges, especially in the early years, which can impact the growth of your cash value.

What happens when a policy is surrendered for its cash value?

Your cash surrender value is the amount of cash you've built minus any surrender charges or fees. Those charges diminish with time, so the longer you've had your account, the closer the cash surrender value will be to the cash value. In most cases, your policy's cash surrender value will be paid in a lump sum.

Is cash surrender value of life insurance a capital gain?

Cash from surrendering your life insurance is taxed as ordinary income, as opposed to capital gains. Ordinary income (wages, salaries, and other forms of income) is taxed at the Federal level between 10% and 37%, depending on your income level.

Do you get a 1099 when you cash out a life insurance policy?

Surrender of policy for cash.

You should receive a Form 1099-R showing the total proceeds and the taxable part. Report these amounts on lines 5a and 5b of Form 1040 or 1040-SR.

When should you cash out a whole life insurance policy?

Many advisors generally recommend waiting at least 10 to 15 years to cash out your whole life insurance policy.

How do rich people use life insurance to avoid taxes?

How rich Americans use life insurance to save on taxes and protect their kids' inheritance with this neat trick. For the wealthy, life insurance is an unsexy yet powerful tactic for avoiding taxes. By putting the policy inside a trust, the death benefit is excluded from estate taxes.

Do you pay capital gains tax on whole life insurance?

Taxation on the sale of a life insurance policy typically falls under capital gains tax rules. The gain is categorized as either ordinary income or capital gain, depending on factors such as policy type, ownership, and duration of ownership. Reporting the sale accurately is essential to avoid potential penalties.

How do I keep life insurance proceeds out of my estate?

There are at least two ways to use trusts in tandem with life insurance: You can name a trust as the beneficiary of a life insurance contract, and you can use irrevocable life insurance trusts to avoid having insurance proceeds become part of your estate.

How to pay 0 capital gains tax?

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $47,025 for single and married filing separately; $94,050 for married filing jointly and qualifying surviving spouse; and. $63,000 for head of household.

Are life insurance death proceeds taxed as a capital gain?

Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received.

Will I be taxed on the growth of the cash value of my life insurance?

Cash value life insurance is generally not taxable as it grows within the policy. However, taxes may apply to withdrawals, loans, or surrenders that exceed the total premium payments made, so it's essential to understand the specific rules and consult a tax advisor for guidance.

Why did I get a 1099-R from my life insurance policy?

If at the time your policy lapsed there was an outstanding loan and a taxable gain, you would receive a Form 1099-R. While a policy is active, generally any cash loans or loans to pay premiums would be considered non-taxable.

How do I avoid tax on life insurance proceeds?

Use an ownership transfer

When an estate is involved, whether life insurance proceeds are taxable is based on the policy's ownership when the insured passes away. To avoid taxation, you can transfer ownership of your policy to another person or entity.

Is a lump sum death benefit taxable?

While some forms of death benefits, such as life insurance payments, are not subject to income tax, the IMRF lump sum death benefit is taxable. Payments from insurance are not subject to income tax because the member paid the premiums on the policy using previously taxed money.

Is withdrawing cash value of life insurance taxable?

If you withdraw up to the amount of the total premiums paid into the policy, the transaction is not taxable as it is considered a return of premiums. If, however, you then withdraw any gains on the policy (like dividends), then these amounts could be taxed as ordinary income.

What is the capital gains tax rate in 2024?

For example, in 2024, individual filers won't pay any capital gains tax if their total taxable income is $47,025 or below. However, they'll pay 15 percent on capital gains if their income is $47,026 to $518,900. Above that income level, the rate jumps to 20 percent.

How do you record cash surrender value of life insurance?

Under U.S. generally accepted accounting principles, the amount that could be realized under the insurance contract is reported as an asset and the change in cash surrender value reported as an adjustment to premiums paid or recognized as income.

Why is cash value life insurance bad?

Why? First up, you're going into debt, which is never a good idea. Second, you'll have to pay interest on the loan, and if you don't pay all of it back, your death benefit will decrease. Think about how crazy this is—you're paying interest on a loan made up of your own money.

Is it better to surrender or sell a life insurance policy?

Selling a whole life insurance policy in a life settlement is a strategy to get far greater returns than a surrender. On average,every $100,000 in life insurance policy value will only gain back $460 in surrender value. This means even a $1 million whole life policy will be surrendered for around $4,600 in cash.

How to calculate tax on life insurance cash surrender value?

How Much Tax Do You Pay on a Life Insurance Payout?
  1. Ordinary Income Tax = Cash Surrender Value minus Total Amount Paid Into Policy. If our above example policy had a cash surrender value of $11,000: $11,000 – $10,000 = $1,000. ...
  2. Capital Gains Tax = Overall Tax Liability minus Ordinary Income Tax Amount.