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2010-05-19 22:26:42
2010-05-19 22:26:42

There are several factors to consider when determining if life insurance is part of a decedent's probate estate and whether the proceeds are taxable in the US. Taxation of estates is an extremely complex area of law. You should always consult with an attorney and tax expert for advice regarding tax issues.

Generally and briefly:

If the decedent owned the policy on his/her own life, the insurance proceeds will be a part of the taxable estate (gross estate). However, most estates no longer reach the threshold of taxability regarding the federal estate tax. (If the policy was owned by someone other than the decedent, the insurance proceeds will not be part of the taxableestate.)

If the decedent named a beneficiary, the proceeds will be paid directly to the beneficiary, bypassing probate (but remember as stated above the proceeds are considered part of the taxable estate). The proceeds are generally not taxable to the beneficiary.

If the decedent did not name a beneficiary, the proceeds will become part of the estate and as such, vulnerable to creditors. The proceeds will be distributed according to the terms of the will or by the laws of intestacy if there is no will.


Related Questions

are paid up insurance proceeds paid to the living person insured taxable

Life insurance proceeds paid to a beneficiary is not taxable. However, if the life insurance beneficiary is a trust or estate, there may be some tax implications.

No. Life Insurance proceeds to beneficiaries are not taxable.

As a general rule, life insurance proceeds from any type of policy are not taxable to the beneficiary. In addition, any loans from cash value are not taxable unless the policy lapses.

Insurance proceeds are non-taxable funds no matter how the premiums are paid. In Michigan, insurance proceeds received by a spouse,and only a spouse, are also excluded from household income for the Michigan Homestead Property Tax Credit.

Usually, life insurance proceeds are free from federal taxes. If the beneficiary is an individual person/persons, the proceeds of a life isnurance policy are tax-free. If the beneficiary of a life insurance policy is the "Estate" of the insured person, the proceeds may be subject to estate taxes.

That is the beauty of life insurance! With a properly named beneficiary life proceeds are not taxed and they avoid probate.

"Insurance and Taxes. No. All proceeds or withdrawals from any insurance policy are not taxable." This is not true. If you cancel a life insurance policy, the growth on the cash value IS TAXABLE. If you do not surrender your policy, the money is taken as a loan and therefore not taxable, but interest that has to be paid back to the insurance company grows.

if they are death benefit proceeds no. if it is cash value proceeds then any withdrawals over the premiums paid are taxable, any loans on the cash value are not taxable. if it is a hybrid/combo life/long term care policy, then no they are not. all of this is assuming that the policy was paid with after tax dollars, not pre tax.

If the policy was paid for with after-tax dollars, the proceeds would not be taxable. If the business took a tax deduction for the policy premiums as a business expense, a tax may be incurred on the death benefit.

Proceeds of an endowment policy is not taxable. Regardless of a person's tax rate, proceeds of an endowment policy is tax free. ?æ

To get to the route of what your asking: The amount of the LOSS that is deductible is the unrecovered loss. Hence if you have claimed the entire loss as a deduction the amount of insurance you get is income - because essentially, you overdeducted the loss. If you have made no loss deduction claim, then u=insurance is NOT taxable as it is onlyr returning you to the position you were in before the loss.

Yes it is possible that under certain conditions you could have some taxable income from the Life insurance proceeds. Life insurance proceeds paid to you because of the death of the insured person are not taxable unless the policy was turned over to you for a price. Go to the IRS gov web site and use the search box for publication 525

Life insurance premium expense when the corporation is the beneficiary is a permanent difference. It is deducted for book income but not for taxable income. And the proceeds received on such policies result in a book gain but are not taxable.

Personal life insurance proceeds are generally paid out free of income taxes as long as the premiums were paid with after-tax dollars. But if a business paid the premiums and deducted the premiums as an operating expense, then the life insurance proceeds would be taxable to the beneficiary.

Not the entire proceeds, just the capital gain.

The death benefit itself will not be considered taxable income. However, if your state requires that the life insurance company pay interest on the death benefit if the claim isn't processed in a certain period of time, then the amount of interest is considered taxable.

You are talking about Paid up additions. No they are not. Proceeds in cash value are not taxable as long as the cash value does not exceed the amount of premiums paid.

Life insurance proceeds are not taxable when they are paid out as a death benefit. Depending on the amount of the insurance policy the payout options should be either lump sum, annuitized, fixed monthly payments for a period of time, or left with the insurance company in an interest bearing account with check writing privileges.

In almost all cases (the exceptions being things involving life insurance as part of executive savings and compensation plans, and other specialized things)...LIFE INSURANCE proceeds are not taxable to the beneficiary. The IRS agent is wrong. Dispute it. It's a basic thing, and he'll be corrected quickly.Now understand, (a common error made by many), if the beneficiary was the estate of the deceased - the person themselves - (which generally doesn't have much tax considerations anyway, and you got it through the estate....then YOU weren't the beneficiary of the insurance. By the same token, you weren't paid insurance proceeds, but an inheritance..and that probably isn't entirely taxable at least.Below from the IRS own guidelines:4.9 Interest/Dividends/Other Types of Income: Life Insurance & Disability Insurance Proceeds Are proceeds paid under a life insurance contract taxable and do they have to be reported as income? Generally, if you receive the proceeds under a life insurance contract because of the death of the insured person the benefits are not taxable income and do not have to be reported. Any interest you receive would be taxable and would need to be reported just like any other interest received. However, if the policy was transferred to you for valuable consideration, the exclusion for the proceeds is limited to the sum of the consideration you paid, additional premiums you paid, and certain other amounts. There are some exceptions to this rule.

No. Life insurance proceeds are not taxable. However, depending on the trust, the earnings, if any, while in the trust may well be.

The death benefit of any life insurance policy with properly named beneficiary is federal tax free. What you do with the money...may be taxable. Fear not, you are in the clear. 4lifeguild It also depends on who paid the premiums. If a company paid, and deducted then it's a good chance the proceeds will be taxable.

No, Death claim proceeds are tax free including Dividend. If there is any interest paid on death claim proceed due to delay in death claim settlement, then paid interest can be taxable.

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