BE CAREFUL - CANCELLATION OF A LIFE INSURANCE POLICY MAY BE A TAXABLE EVENT

I have seen this happen to unsuspecting clients a few times in my career. Payments are made on a life insurance policy. After a few good years, the policy builds up a cash value. This build up of cash value is not taxable. The policy holder quits making payment. In actuality what happens is the cash value of the policy makes the payments. This is not really a taxable event; what this is is the policyholder borrowing money from the policy. Still no tax.

But here comes the tax. If the policyholder cancels the policy, then this is treated as forgiveness of the loan and, as the case below shows, it is taxable.

The Tax Court has concluded that a taxpayer had taxable income when his life insurance policy lapsed with a loan outstanding. This constructive distribution was effectively a payment of the policy proceeds that was gross income to the taxpayer to the extent that it exceeded his investment in the contract.

 White, TC Summary Opinion 2012-108