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You are here: Experts > Money > Personal Insurance > Life & Health Insurance > Transfer of policy ownership
Expert: Willard R. Brumbaugh, LUTCF, CSFP - 11/5/2009
Question
Good morning. Back in 1986 my parents bought my husband and I each a $10,000 single premium whole life policy as a gift. I am the owner of my husband's policy and he is the owner of mine.The current cash value of each policy is approx $29,000 with death benefit on his policy for $56,000 and on my policy for $65,000 (so the current cash surrender value is approx 50% of the death benefit). When I checked with the insurance company a few months ago they told me that we would responsible to pay taxes on approx $20,000 (for each policy) if my husband and I were to cash them out. We would like to transfer ownership of these policies to our 2 sons so that they could be the ones to cash out the policies and use the money for further education. Both sons (age 23 and 25) are at a much lower income tax rate than my husband and I). My questions are:
1.Is this possible?
2. I assume it would be best to have each son become 50% owner of each policy so that most of the cash value would be considered a gift. Am I wrong?
3. With the goal of cashing out these policies would it be better to do it ourselves or transfer ownership to our sons and let them cash them out?
You help is appreciated,
Monica P.
Answer
Dear Monica,
It is possible, but there are issues.
Each of you can give up to $13,000 of value this year to as many people you want without being subject to a gift tax being charged to you. In your question you are proposing to gift approximately $58,000 to your sons. Consequently, you and your husband would be obligated to pay about $3,000 in gift taxes.
These policies, if they had been issued on or after June 21, 1988, would have been Modified Endowment Contracts. Liquidating or borrowing from such policies prior to age 59 1/2 would have resulted in the 10% premature distribution penalties applied to annuities and IRAs. Since these are not MECs, funds may be borrowed without taxes being charged and without the penalties.
It is my understanding that if your sons were to cash out these policies, they would be paying income taxes on the entire gain, in addition to what you and your husband paid in gift taxes.
The current Internal Rate of Return on the surrender value of these policies is about 4.75% tax-deferred. The IRR on the Death Benefits at this time would be 8.14% income-tax-free. My suggestion would be that you keep the policies and lend them funds borrowed from the policies. This would be the cleanest path to helping them, while maintaining the mathematical advantages afforded by these policies.
Willard R. Brumbaugh, LUTCF
www.willardbrumbaugh.com
(888) 792-2379
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