insured. If the proceeds are taken over several years instead of in a lump sum, the insurance
company pays interest on the unpaid proceeds. The interest is generally taxable income.
Early payouts of life insurance, also called accelerated death benefits or viatical settle-
ments, are excluded from gross income for certain terminally or chronically ill taxpayers.
The taxpayer may either collect an early payout from the insurance company or sell or assign
the policy to a viatical settlement provider. A terminally ill individual must be certified by a
medical doctor to have an illness which is reasonably expected to cause death within
24 months. A chronically ill individual must be certified by a medical doctor as unable to
perform daily living activities without assistance. Chronically ill taxpayers may only exclude
gain on accelerated death benefits to the extent proceeds are used for long-term care.
If an insurance policy is transferred to another person for valuable consideration, all or a
portion of the proceeds from the life insurance policy may be taxable to the recipient. For
example, taxable proceeds result when a policy is transferred to a creditor in payment of a
debt. When a transfer for value occurs, the proceeds at the death of the insured are taxable
to the extent they exceed the cash surrender value of the policy at the time it was transferred,
plus the amount of the insurance premiums paid by the purchaser. There is an exception to the
rule that policies transferred for valuable consideration result in taxable proceeds. Transfers to
a partner of the insured, a partnership in which the insured is a partner, or a corporation in
which the insured is an officer or a shareholder do not cause the policy proceeds to be taxable.
EXAMPLE Howard dies on January 15, 2008, and leaves Wanda, his wife, a
$50,000 insurance policy, the proceeds of which she elects to receive
as $10,000 per year plus interest for 5 years . In the current year,
Wanda receives $12,200 ($10,000 þ $2,200 interest). She must include
the $2,200 of interest in income. N
EXAMPLE David owns a life insurance policy at the time he is diagnosed with a
terminal illness. After his diagnosis, he sells the policy to Viatical
Settlements, Inc., for $100,000. David is not required to include the
gain on the sale of the insurance in his gross income. N
EXAMPLE Amy transfers to Bill an insurance policy with a face value of $40,000
and a cash surrender value of $10,000 for the cancellation of a debt
owed to Bill. Bill continues to make payments, and after 2 years Bill
has paid $2,000 in premiums. Amy dies and Bill collects the $40,000.
Since the transfer was for valuable consideration, Bill must include
$28,000 in taxable income, which is equal to the $40,000 total pro-
ceeds less $10,000 value at the time of transfer and $2,000 of premi-
ums paid. If Amy and Bill were partners in the same partnership, the
entire proceeds ($40,000) would be tax free. N
Self-Study Problem 2.6
On March 19, 2008, Karen dies and leaves Larry an insurance policy with a face
value of $100,000. Karen is Larry’s sister, and Larry elects to take the proceeds over
10 years ($10,000 plus interest each year). This year Larry receives $13,250 from
the insurance company. How much income must Larry report for the current year?
$ ____________
2-16 Chapter 2
Gross Income and Exclusions
Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.