When it comes to life insurance, taxes are a common worry. You may be wondering, “is life insurance taxable?” Under federal rules, amounts paid by reason of the insured’s death are generally excluded from income, but key exceptions and other taxes can apply. Interest credited on proceeds is taxable, certain transfers can make the death benefit taxable under the transfer‑for‑value rule, and estate or state‑level inheritance taxes may affect what beneficiaries ultimately receive. See IRC §101 and IRS Publication 525 for the federal income tax framework.
Whether you will have to pay tax depends on the type of life insurance policy you have (term vs. permanent), how it’s owned, the form of payout, and whether the policy is included in the insured’s taxable estate. Policy transactions while you’re alive (withdrawals, loans, surrenders, or sales) can be taxable—especially if the policy is a Modified Endowment Contract (MEC)—and special rules like transfer‑for‑value can change the result. For estate planning, ownership by an irrevocable life insurance trust (ILIT) can keep proceeds outside the estate when structured and administered correctly; portability can raise a married couple’s federal exclusion with a timely election on Form 706. See IRS 2025 inflation adjustments and Instructions for Form 706.
Most of the time, life insurance is not taxable as income to beneficiaries because death proceeds are generally excluded from gross income. However, exceptions include: interest on proceeds (taxable); transfer‑for‑value situations that limit the exclusion; taxable gains on policy surrenders or sales; and possible estate or state inheritance taxes. See IRC §101 and Publication 525.
Types of Tax That Can Make Life Insurance Taxable
One of the first things to understand is how different types of tax work alongside your life insurance policy. Federal income tax rules govern whether proceeds or policy transactions are taxable; federal transfer taxes (estate, gift, and GST) can apply at death or to lifetime transfers; and a handful of states impose inheritance taxes on beneficiaries.
In some cases, you may not be liable for income tax on life insurance payouts, but you may be for estate tax. If you live in one of the few states with an inheritance tax, a beneficiary’s share can be taxed at the state level even when no federal estate tax is due. Verify current thresholds and filing requirements before finalizing your plan.
The following types of tax will need to be considered when you take out a life insurance policy:
- Income Tax – Death benefits paid by reason of the insured’s death are generally excluded from income; however, interest paid or accrued on those proceeds is taxable to the recipient. Distributions from policies during life can be taxable: surrenders are taxed as ordinary income to the extent amounts received exceed your investment in the contract; sales (life settlements) produce a mix of ordinary income (up to cash surrender value less basis) and capital gain on any excess; and the transfer‑for‑value rule can make a death benefit taxable to a purchaser unless an exception applies (for example, transfer to the insured). Modified Endowment Contracts (MECs) are subject to less favorable rules—distributions are taxable to the extent of gain and may be subject to a 10% additional tax if the owner is under age 59½. See Publication 525, Rev. Rul. 2020‑05, 1099‑LS/1099‑SB instructions, and IRC §101.
- Inheritance Tax – This is a state tax paid by certain beneficiaries. As of 2025, only five states levy an inheritance tax: Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania; Iowa repealed its inheritance tax for decedents dying on or after January 1, 2025. See five states have inheritance tax, plus state guidance for Iowa’s repeal, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania.
- Estate Tax – The federal estate tax applies only above the basic exclusion amount (BEA). For decedents dying in 2025, the BEA is $13.99 million per individual (top federal rate 40%). With a timely portability election, a married couple can generally shield about $27.98 million. Absent legislative change, the doubled exclusion is scheduled to reduce after 2025. See IRS 2025 inflation adjustments, IRC §2001, and Form 706 instructions (portability).
- Generation-Skipping Tax – The federal GST exemption equals the BEA ($13.99 million per person in 2025) and the maximum GST rate is 40%. GST may apply to transfers to grandchildren and more remote beneficiaries. See IRC §2631.
When Is Life Insurance Not Taxable?
In most cases, life insurance will not be taxable if it is paid directly to a beneficiary by reason of the insured’s death and the policy has not been transferred for value. However, interest on the proceeds is taxable, and other taxes may apply depending on ownership and estate size. See IRC §101 and Publication 525.
When Your Beneficiary Receives a Cash Value Gain
If your life insurance policy is a cash value type, the beneficiary typically receives the policy’s death benefit. Cash value is not paid in addition unless the policy is designed for an increasing death benefit (for example, UL “Option B”) or whole life dividends have purchased paid‑up additions. Amounts paid by reason of death are generally income‑tax‑free; any interest credited by the insurer is taxable. See the NAIC overview of policy types (NAIC) and Publication 525.
When Your Beneficiary Receives a Lump-Sum
If your spouse or other designated beneficiary receives a lump‑sum death benefit, no federal income tax is due on that benefit itself under IRC §101(a) (assuming no transfer‑for‑value issue). Interest paid on the proceeds is taxable. Keep in mind inflation erodes purchasing power: a level benefit loses roughly 26% of real value over 10 years at 3% inflation and about 39% at 5%. Consider increasing‑benefit options or using whole life dividends for paid‑up additions to help offset inflation over time. See BLS CPI and NAIC.
When You Make a Partial Withdrawal from the Cash Value of Your Permanent Insurance
For non‑MEC policies, withdrawals are generally treated as a return of your basis first (premiums paid), so amounts up to basis are not taxable; amounts above basis are ordinary income. Policy loans are typically not taxable while the policy remains in force; however, a lapse or surrender with a loan can trigger taxable income. For MECs, distributions (including loans) are taxable to the extent of gain and may be subject to a 10% additional tax if the owner is under 59½. See Publication 525.
When You Receive Annual Dividends
Participating whole life dividends are generally treated as a return of premium and aren’t taxed until total dividends received exceed your cost basis; interest on dividends left to accumulate is taxable. Directing dividends to purchase paid‑up additions can increase death benefit over time—useful against inflation—though dividends are not guaranteed. Many mutual insurers reported larger 2025 dividend programs amid higher portfolio yields, reflecting the rate environment. See NAIC and insurer dividend announcements.
When You Surrender Your Life Insurance Policy
On surrender, you’ll receive the cash surrender value. Any amount you receive over your investment in the contract (total premiums paid minus prior tax‑free basis recoveries) is taxed as ordinary income. Outstanding policy loans can increase the taxable amount when the loan is extinguished at surrender. See Publication 525.
When You Accelerate Your Death Benefit
Accelerated death benefits paid by an insurer are generally excluded from income if the insured is terminally ill; for chronic illness, exclusions apply subject to long‑term care coordination limits. Viatical settlements (sales to a licensed provider) received by terminally ill insureds are typically excludable as well. Documentation and provider licensing matter. See Publication 525 and IRC §101(g).
When Is Life Insurance Taxable?
While life insurance is not taxable most of the time, there are certain instances where tax is due.
When Your Estate Exceeds the Estate Tax Threshold
Usually, life insurance is paid directly to beneficiaries. However, proceeds can be included in the insured’s taxable estate if the policy is owned by the insured (incidents of ownership), payable to the estate, or transferred to an ILIT within three years of death (IRC §2035 “three‑year look‑back”). The federal basic exclusion amount is $13.99 million per person in 2025 (top rate 40%); with a timely portability election, a married couple can generally shelter about $27.98 million. The doubled exclusion is scheduled to drop after 2025, but IRS regulations confirm no “clawback” on gifts made under today’s higher limits. State estate taxes may apply at much lower thresholds (for example, Massachusetts at $2,000,000). See IRS 2025 figures, IRC §2001, Form 706 instructions (portability), IRS anti‑clawback guidance, and Massachusetts DOR.
When More Than Two People Are Involved
When a policy involves three parties—one owner, a different insured, and a third beneficiary (the “Goodman triangle”)—the death benefit can be treated as a taxable gift from the owner to the beneficiary. Gifts in excess of the annual exclusion require filing a gift tax return. The annual gift tax exclusion is $18,000 per recipient in 2025 (or $36,000 with gift‑splitting). Large gifts use lifetime exclusion, which is unified with the estate tax. See IRS 2025 inflation adjustments.
When You Sell Your Life Insurance Policy
Selling a policy (a life settlement) can create taxable income. Generally, gain equals the amount realized (cash plus any loan relief) minus your adjusted basis. Up to the policy’s cash surrender value, gain is ordinary income; any excess is usually capital gain. Buyers and insurers report these transactions on Forms 1099‑LS and 1099‑SB. If the insured later dies, the transfer‑for‑value rule can make death benefits taxable to the buyer unless an exception applies (for example, transfer to the insured). Viatical settlements for terminally ill insureds are typically excludable if statutory conditions are met. See Publication 525, 1099‑LS/1099‑SB instructions, Rev. Rul. 2020‑05, and IRC §101.
When You Profit from Surrendering Your Cash Value Policy
If you surrender a policy and receive more than your total premiums paid (adjusted for prior basis recoveries), the excess is ordinary income you must report. Loans extinguished at surrender can increase the taxable amount. See Publication 525.
The Bottom Line
Is life insurance taxed? Generally, death benefits are income‑tax‑free to beneficiaries under federal law, but interest on proceeds is taxable and other taxes can apply. Estate tax exposure depends on the 2025 basic exclusion amount of $13.99 million per person (about $27.98 million for married couples with portability). The exclusion is scheduled to decrease after 2025; IRS rules confirm no clawback for gifts made under today’s higher limits. See IRS 2025 figures and anti‑clawback regulations.
State transfer taxes vary: only five states impose an inheritance tax in 2025 (Iowa’s is repealed for deaths on or after Jan. 1, 2025), and several states levy separate estate taxes with lower thresholds than federal. Inflation also reduces the real value of level death benefits—roughly 26% over 10 years at 3% inflation—so consider designs that can increase benefits over time or review coverage periodically. See Tax Foundation, Iowa Dept. of Revenue, and BLS CPI.
For larger estates, consider an ILIT to own new policies and avoid inclusion, and remember the three‑year look‑back can pull recently transferred policies back into the estate. File a timely portability election to preserve a deceased spouse’s unused exclusion. See Instructions for Form 706.
Life Insurance & Taxes FAQs
Will my beneficiaries have to pay taxes from the life insurance proceeds?
Typically, no federal income tax is due on the death benefit itself under IRC §101(a). Exceptions include transfer‑for‑value transactions that limit the exclusion and any interest paid by the insurer. For estate tax, the federal exclusion is $13.99 million per person in 2025 (about $27.98 million for married couples with a portability election); amounts above that can face a 40% top rate. See IRS 2025 figures, Form 706 instructions, and IRC §2001.
Are life insurance proceeds part of my inheritance?
For federal income tax, death proceeds paid by reason of death are generally not taxable to beneficiaries. Whether a state inheritance tax applies depends on the state and your relationship to the decedent; in 2025, only Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania levy an inheritance tax (Iowa’s is repealed for deaths on/after Jan. 1, 2025). Pennsylvania specifically excludes life insurance on the decedent from its inheritance tax. See Tax Foundation and PA Dept. of Revenue.
How can I avoid paying taxes from a life insurance payout?
To minimize estate tax on policy proceeds, consider having an ILIT own a new policy so the insured retains no incidents of ownership, and be mindful of the three‑year look‑back for transferred policies. Keep beneficiary designations current so proceeds aren’t payable to the estate. Use the federal portability election to preserve a deceased spouse’s unused exclusion. For ILIT premium gifts, the annual exclusion is $18,000 per recipient in 2025. State estate or inheritance taxes may still apply. See Form 706 instructions and IRS 2025 figures.
Do I have to pay income taxes from a life insurance payout?
As a named beneficiary, you generally don’t pay federal income tax on the death benefit, but interest on the proceeds is taxable. If proceeds are paid in installments or left with the insurer to earn interest, that interest portion is taxable. Distributions while the insured is alive—such as surrenders, sales, or MEC withdrawals/loans—can be taxable. See Publication 525. Also note that some states require insurers to pay interest from the date of death until payment, which is taxable (for example, NY Ins. Law §3214).
