Policy Management

Can You Gift a Life Insurance Policy?

A comprehensive answer for Tennessee residents, covering key considerations, illustrative examples, and state-specific context.

Yes, you can gift a life insurance policy by transferring ownership to another person, a trust, or a charity. Gifting a policy is a common estate planning strategy used to remove the death benefit from the taxable estate, provide for a family member, or support a charitable cause. However, there are important tax and legal implications to understand.

When you gift a life insurance policy, the current cash value (if any) is considered a gift for federal gift tax purposes. If the cash value exceeds the annual gift tax exclusion (,000 per recipient in 2024), the excess applies against your lifetime gift/estate tax exemption. Ongoing premium payments made by the original owner on behalf of the new owner are also considered gifts.

Gifting to an ILIT (Irrevocable Life Insurance Trust) is a common strategy for estate planning. The trust becomes the owner and beneficiary, keeping the death benefit out of the taxable estate. However, the three-year lookback rule applies — if the original owner dies within three years of the transfer, the death benefit is included in the estate for estate tax purposes.

Gifting to a charity allows the donor to receive a charitable deduction for the policy's fair market value (generally the interpolated terminal reserve value, which is close to but may differ from the cash surrender value). Subsequent premium payments made to the charity for the policy are also deductible as charitable contributions.

A licensed agent in our network can facilitate the ownership transfer, while a tax professional and estate planning attorney can advise on the tax implications. Guarantees are backed by the financial strength and claims-paying ability of the issuing carrier.

Key Takeaways

What to Remember

Policy ownership can be transferred to another person, trust, or charity as a gift.

The current cash value is treated as a gift for federal gift tax purposes.

Gifting to an ILIT removes the death benefit from the taxable estate (subject to 3-year lookback).

Charitable gifts may qualify for a charitable income tax deduction.

Consult with a tax professional and estate planning attorney for tax implications.

Tennessee Context

What Tennessee Residents Should Know

Tennessee's no-state-income-tax and no-state-estate-tax environment simplifies the analysis of gifting life insurance. The federal gift tax exemption and estate tax exemption are the primary considerations. Tennessee's favorable trust laws support ILIT gifting strategies.

Related Questions

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Policy Management

How Do You Transfer Life Insurance Policy Ownership?

Transferring life insurance policy ownership (also called an assignment) involves changing who owns and controls the policy. The new owner gains all rights and responsibilities including the right to name beneficiaries, access cash value, pay premiums, and make policy decisions.

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Tennessee Specific

What Is an Irrevocable Life Insurance Trust (ILIT)?

An irrevocable life insurance trust (ILIT) is an estate planning tool where a trust, rather than the insured individual, owns a life insurance policy. By transferring ownership of the policy to the ILIT, the death benefit is removed from the insured's taxable estate, potentially saving the estate from federal estate taxes.

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Tennessee Specific

Does Tennessee Have an Estate Tax or Inheritance Tax?

Tennessee does not have a state estate tax or a state inheritance tax. Tennessee previously had an inheritance tax (the Hall Income Tax on investment income and an estate/inheritance tax), but the state estate/inheritance tax was phased out and fully repealed effective January 1, 2016.

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Tennessee Specific

Is Life Insurance Taxable in Tennessee?

Life insurance receives favorable tax treatment at both the federal and Tennessee state levels, making it one of the most tax-efficient financial tools available. The death benefit paid to beneficiaries is generally income tax-free under Section 101(a) of the Internal Revenue Code.

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