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Life Settlement: Who Qualifies
Candidates for a Life Settlement.
Ideal candidates for life settlements are high net worth clients age 60 and over with:
  • A life insurance policy with a face amount of at least $250,000
  • A change in insurability since the policy was issued
  • Life expectancy of 20 years or less
A study published by Conning and Company, an insurance investment and research firm, found that more than 20% of the policies on insureds age 65 and over have a fair market value in excess of their cash surrender value.

A life settlement can be a good option for a variety of reasons which include:
  • Client may have outlived the risk insured against
  • Spouse has passed away
  • Business partnership has dissolved
  • Key employee has retired after a long career
In other cases, investment projections may have proven unduly optimistic in the current low-interest environment. So-called “vanishing” premiums have not vanished, and the financial plan built around the policy is not being met. In any such case, the owner may want out of his policy, either to move the value into another asset or to buy a more efficient insurance policy.

Tax Implications
The sale of a life insurance policy may be a taxable event. Tax experts disagree on the details of taxation, but there is a general consensus that if the cash surrender value of the policy exceeds the premiums paid on it, the life settlement proceeds will be taxed as follows:
  • The portion up to the policyowner’s investment in the contract will be received tax free.
  • The portion exceeding the investment in the contract, but not exceeding the cash surrender value, will be taxed as ordinary income.
  • The portion exceeding the cash surrender value will be a gain, which in some circumstances may be a capital gain.

Where the cash surrender value of the policy is less than the investment in the contract, the IRS may take the position that only the cash surrender value represents a tax-free return of basis — and everything else is gain on the sale of the asset. This stance is not universally accepted, and Coventry First does not give tax advice, so professional advice on any particular fact situation is in order.

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