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11
Tax Treatment of Life
Insurance and Annuities
Ted Kurlowicz and James F. Ivers III

Chapter Outline

INCOME TAXATION OF DEATH PROCEEDS OF LIFE INSURANCE
Transfer-for-Value Rule
Income Tax Definition of Life Insurance
Other Considerations
Settlement Options
INCOME TAXATION OF LIVING PROCEEDS OF LIFE INSURANCE
Modified Endowment Contracts (MECs)
Nontaxable Policy Exchanges
DEDUCTIBILITY OF PREMIUM PAYMENTS
INCOME TAXATION OF ANNUITY CONTRACTS
Payments before the Annuity Starting Date
Taxation of Amounts Received as an Annuity
LIFE INSURANCE IN ESTATE PLANNING
THE FEDERAL TRANSFER TAX SYSTEM
Federal Gift Taxes
The Federal Estate Tax
Generation-Skipping Transfer Tax (GSTT)
TRANSFER TAX IMPLICATIONS OF LIFE INSURANCE
FEDERAL GIFT TAXATION OF LIFE INSURANCE TRANSFERS
Valuation of Life Insurance Policies
The Problem of Inadvertent Gifts
FEDERAL ESTATE TAXATION OF LIFE INSURANCE
Life Insurance Payable to an Estate
Possession of Incidents of Ownership
Transfers of Policies within 3 Years of Death
Life Insurance and the Federal Estate Tax Marital Deduction
Value of the Policy Includible in the Gross Estate
Responsibility for Payment of Federal Estate Taxes by Life Insurance Beneficiaries
FEDERAL GENERATION-SKIPPING TRANSFER TAXATION OF LIFE INSURANCE PRODUCTS
PRACTICAL USES FOR LIFE INSURANCE IN THE ESTATE PLANNING CONTEXT
Estate Enhancement Purposes
Estate Liquidity/Wealth Replacement Purposes
Estate Planning Techniques with Life Insurance
Gifts of Policies to Family Members
Gifts of Policies to Trusts
Providing Estate Liquidity
Providing Equal Shares to All Heirs
The Second-to-Die Policy
CONCLUSION

This chapter is intended as an overview of the federal tax treatment of life insurance and annuity contracts. It is based on the law in effect at the publication date. Any legislation passed subsequently could, of course, affect the rules described. This overview is not intended to be a detailed treatment of the subjects covered. When financial services professionals are confronted with a tax issue, they must utilize more in-depth reference sources. Nevertheless, this chapter should serve as a helpful guide to the tax rules and issues that surround life insurance products.

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