I have a paid up life policy and a whole life policy. Total cash value over 120,000. my cost basis is over 28,000, capital gains of over 92,000 if surrendered, but in a insurance illustration done 10 years ago it stated that years 31 to 75 of the policies, gains could be tax free.

  1. 429 POINTS
    Thomas Schaffer
    Financial Service Professional, New York Life Insurance, Raleigh,NC
    Good Question, and often confusing. Cash value buildup inside a life insurance policy grows tax deferred. If you surrender the policy or withdraw the cash value then anything above the Basis is taxable at Normal Income rates, not capital gains. However, the best way to access the cash value tax-free, in most cases, is to take it out as a policy loan. While any amount above basis will be deducted from the death benefit upon death, it enables one to use the funds now, this is the living benefit of whole life.
    Answered on December 26, 2016
  2. 7479 POINTS
    Steve Kobrin
    President, The Firm of Steven H. Kobrin, LUTCF, 6-05 Saddle River Rd #103, Fair Lawn, NJ 07410
    I'd like to see that illustration so I can give you an exact answer. Please contact me to make arrangements.

    In the meantime, I will tell you that in general, you can take out the cash build up through policy loans. You'll be charged interest, but if you don't surrender the policy, you won’t be assessed any taxes. The kicker is that the outstanding loan plus accumulated interest will be taken off the top of the death benefit when a claim is filed.

    Would you want your beneficiary to end of with less money? If not, then we need to discuss your plans for the use of the cash inside that policy.
    Answered on December 28, 2016
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