Life Insurance Transfer Question

agentjhc

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Potential Client has an old John Hancock Variable Whole Life policy. Loans are eating up cash value. If he cashes out he pays taxes on $6600.

His question, if he rolls it over to a new WL or UL, still have to pay Capital gains?
 
No capital gains taxes in life insurance. It's called Phantom income and it's taxed at ordinary income tax rates.

ProducersWeb - Life - Beware of phantom income when policies lapse

Generally speaking, as long as the policy stays in force, there is no problem. Plus, if there is an overloan protection rider that would apply (policy must be in force for a certain number of years and the insured above a certain age), then obtaining a new policy would actually be a detriment to the person's situation.

Technically this is a tax question, so I would contact the advanced sales department of whatever company you're thinking of doing a 1035 exchange to, to see if it would make a difference. Plus, make sure you understand all of the policy's riders - especially if there's an overloan protection rider.
 
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