As noted earlier, when a life insurance policy is surrendered in full, the gains on the policy are taxable (as ordinary income) to the extent that the cash value exceeds the net premiums (i.e., the cost basis) of the policy.
Because, again, a life insurance policy loan is really nothing more than a personal loan from the life insurance company to the policyowner, for which the policy’s cash value is simply collateral for the loan
As a result, if a life insurance policy is surrendered to repay an outstanding life insurance loan, the net transaction can have tax consequences – not because the repayment of the loan is taxable, but because the surrender of the underlying policy to repay the loan may be taxable.
Example 3. Sheila has a life insurance policy with a $105,000 cash value, a $60,000 cost basis, and a $30,000 loan. In the event that Sheila surrenders the policy, her total gain for tax purposes will be $45,000, which is the difference between the $105,000 cash value and her $60,000 cost basis. Notably, the tax gain is the same $45,000, regardless of the presence of the $30,000 loan. If Sheila didn’t have the loan, she would receive $105,000 upon surrender of the policy; with the loan, she will only receive $75,000, because the remaining $30,000 will be used to repay the outstanding loan.
Either way – whether Sheila had received the $105,000 value (without a loan) or only $75,000 (after repaying the loan) – the taxable gain is the same $45,000
In this context, the reality is still that the life insurance policy loan itself has nothing directly to do with the taxation of the transaction. The policyowner did use the proceeds from surrendering the policy to repay the loan, but the tax consequences were determined regardless of the presence of the life insurance loan. Continue reading “The Life Insurance Loan Tax Bomb On Lapsing Policies”