When you cash out (surrender) a life insurance policy, you only pay income tax on the amount that exceeds the total premiums you paid (your "basis"). If the cash value is less than the total premiums paid, no tax is due. The gain is taxed as ordinary income, not capital gains.
Lump sum life insurance death benefit payouts and cash value growth in permanent life insurance policies are typically not taxable. Withdrawals, including policy loans, are tax-free up to total premiums paid unless it's a modified endowment contract.
Calculate the Taxable Amount
The taxable amount is the difference between the cash surrender value and the total premiums paid. If the cash surrender value is greater than the total premiums paid, the excess amount is considered taxable income.
Even if you've waited for several years, cashing out the policy may not always be a good idea. Consider whether you still need the same amount of life insurance coverage and the potential tax consequences before making your decision.
The "life insurance 7 year rule," or 7-Pay Test, is an IRS test for permanent life insurance (like Whole or Universal Life) to prevent overfunding; if you pay more than the maximum premium needed to fully fund the policy in seven years, it becomes a Modified Endowment Contract (MEC). MECs lose some tax benefits, making withdrawals and loans taxable as income (earnings first) and potentially subject to penalties, though they still provide a tax-free death benefit. The test resets if you make significant changes (like increasing the death benefit) to the policy, starting a new seven-year period.
Ways to avoid paying taxes on life insurance policies
Yes, employer-provided group life insurance coverage over $50,000 becomes taxable as "imputed income" for the employee, meaning the IRS requires you to pay income and FICA taxes on the IRS-determined value of the coverage above $50k, even though you don't receive cash; this appears on your W-2, typically in Box 12 with code C, and the payout itself remains tax-free.
1099R. If you own a life insurance policy, the 1099-R could be the result of a taxable event, such as a full surrender, partial withdrawal, loan or dividend transaction. If you own an annuity, the 1099-R could be the result of a full surrender, a partial withdrawal or the transfer of the contract to a new owner.
Cash from surrendering your life insurance is taxed as ordinary income, as opposed to capital gains. Ordinary income (wages, salaries, and other forms of income) is taxed at the Federal level between 10% and 37%, depending on your income level.
Any other arrangement can fall into the transfer-for-value trap. If a policy is transferred for money or something of value, the death benefit is no longer fully income tax free. For example, the mutual obligation to purchase a co-owner's business interest at his death would be considered something of value.
Surrender the policy
This means functionally canceling your policy. If you do this, your life insurance coverage will end. You'll generally receive most or all of the cash value that has accumulated in your life insurance policy, but it may be subject to surrender fees and federal income taxes.
Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them.
In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate. It's a progressive tax, just like the federal income tax system. This means that the larger the estate, the higher the tax rate it is subject to.
Here's what that looks like across the main types of coverage: Term life insurance: Most insurers stop offering term life insurance coverage once you reach 75 or 80, though the available term length shrinks as you age. A 50-year-old might buy a 30-year term, while a 75-year-old may only qualify for a 10-year option.
For $9.95 a month, Colonial Penn buys you one "unit" of guaranteed acceptance whole life insurance, where the actual death benefit amount depends on your age and gender (or age only in Montana). The older you are, the less coverage you get per unit, but premiums never increase, and no medical exams are required for ages 50-85.
There isn't any age cut-off that makes life insurance no longer worth it; it's all about your personal situation. That being said, it is often worth having life insurance after 65 if you have dependents who rely on you financially.