Life Settlement Brokers Are Not Tax Experts. But We Can Help.

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Life Settlement Companies Are Not Tax Experts. Oddly Enough, Neither Are Most CPAs. 

Before you cash in your policy, you might have questions about how the IRS will tax your proceeds. Life settlement brokers are a great resource for this but don’t think of them as tax experts.  

This is because every life insurance policy is different. Every taxpayer’s situation is different. 

Additionally, most CPAs are usually not life settlement tax experts either.  Many policyholders will request information on behalf of their accountant to help them get acquainted with the marketplace, the process, and how life settlement transactions are taxed.

Although we are not to be considered experts, we can offer a few pointers to help you and your accountant get started. 

Big stack of life settlement tax paperwork and policy information.

No Two Life Insurance Policies Are The Same

Your insurance policy is likely different from the next person’s policy. Variations to consider include:

  • Carrier Products
  • Company Policies
  • Monthly/Annual Premiums
  • Cost Basis (the total amount you have paid in premiums)
  • The Policy’s Age
  • Loans

 

These are just a few of the policy variations that can influence your tax bill. So, even if two policies of the same size sell for the same amount, they will likely still have different tax liabilities. 

Carrier Products

Carriers have similar products (Term, Universal Life, Whole Life), but their contracts can be different. Additionally, interest rates and policy provisions are different. 

Life Insurance Initially Purchased By Employers

In many cases, companies will let their employees keep their life insurance policy when they retire. The premiums paid into the policy were paid both by the company and the employee. As a result, this creates a unique tax situation.

Premiums & Cost Basis 

Your premium is the amount of money you pay in exchange for your life insurance. You pay premiums either annually, quarterly, or monthly. Your cost basis is the total amount that you have paid into your policy. Therefore, your policy is an asset and how much you have paid in premiums determines the cost basis. 

The Policy’s Age

Your policy’s age affects the cost basis. Of course, the longer you pay premiums the bigger your investment is in your asset. Finally, the amount of money you have in your policy will affect how it is taxed.  

Loans On The Policy

In most cases, having a loan against the policy can make it difficult to sell. However, it can be done. Additionally, loans against the policy can affect the amount of taxes owed. 

Group of people crossing the street with a beautiful sunset

No Two Policyholders Are The Same

Income

The IRS taxes at different rates due to income. For example, someone who makes 75K a year will be in a different tax bracket than someone who makes 300K a year.  So, imagine you had the exact same policy as your neighbor. You bought and sold the policy on the exact same days for the exact same amounts. Still, your tax bills would likely vary due to income. 

Health Status And Life Expectancy

A person’s life expectancy/health condition factors into the tax bill.  For example, a person with significant health impairments, such as a terminal cancer diagnosis, would be considered a viatical settlement.  In such cases, policyholders can sell their policies for cash tax-free.

Location

At the state level, your taxes can vary based on your physical location. Consequently, taxes owed for residents of New York will be different from the taxes in Florida and California. 

References That Help A CPA Get Started

So you see, life settlement companies are not life settlement tax experts. However in most cases, CPAs and financial advisors aren’t either. Windsor can still be a great resource for CPAs and financial advisors working with their clients to sell a policy. 

New TCJA Tax Law Benefits Consumers

The Tax Cuts and Jobs Act (TCJA) in 2017 changed the way the IRS defines profit. The profit from selling your policy is the difference between the cost basis and the money you receive from selling the policy. Formerly, the IRS reduced your cost basis with “cost of insurance” charges. TCJA changed this. You’re taxed on the profit made from the sale. Consequently, the higher your cost basis, the less you will pay in taxes.

Viatical Settlement Taxes

If the policyholder is chronically or terminally ill, they will likely pay little to no taxes. Then their transaction would be considered a viatical settlement. The taxes on a viatical settlement are much lower than a life settlement.

General Life Settlement Tax Information

It’s your CPA’s job to get your tax situation sorted. This article explaining life settlement taxation is a great resource to send your accountant. It brings them up to speed on how your unique details play into life settlement taxation. It also talks about the change in tax laws that have made a huge impact on life settlement taxation. As a result, this change has made life settlements a wise financial choice for many people. 

Questions About Your Policy?

In conclusion, no two policies or tax situations are the same. A tax professional will dive into your specific situation to help you pay taxes. However, resources like Windsor will get you both on the right track to understanding life settlements. 

You can check if you’re eligible for a life settlement with this life settlement calculator

Finally, we’re ready to speak with you about your policy and answer your questions about life settlements. 

Speak with a Windsor representative at 888-994-6376 or email info@windsorls.com.

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