Life insurance is life insurance. Estate taxes is estate taxes. Never the twain shall meet. The Survivor receives a check from the insurance company and if he or she is responsible for any estate taxes, it's his or her responsibility. Not the company's. That's why I always recommend my friends to read Norman Dacey's (sp) book How to Avoid Probate II. Lawyers hate this book.
The death benefit on a life insurance policy is not taxable for federal income tax purposes. However, the death benefit becomes included in the estate calculations of the deceased. So, depending on the estate tax laws in affect at the time of death, there may be estate taxes on the death benefit proceeds of the life insurance policy (but not income taxes). Here's an example. If you are the beneficiary of a death benefit of $500k from your parent and your parent has no other assets, then there would likely be no taxes on the proceeds. If you are the beneficiary of a death benefit of $500k from your parent and your parent has more assets than the Federal estate tax exclusions in effect at time of death, then perhaps the $500k will have estate taxes due as part of the estate. This is because the addition of the policy proceeds to whatever else comprosed the estate may take the estate value over the limit such that taxes will be payable on it. This was a simple example, and there are certainly many other possibilities and scenarios.
When a person insured by a life insurance policy dies while the policy is "In Force", the death benefit is paid to the beneficiary. Life insurance proceeds are usually not subject to state and federal income taxation. But, if there is no beneficiary, the proceeds of a life insurance policy may be included in the estate of the deceased person. Then, it may be subject to state and inheritance taxes. Also, the proceeds may be subject to federal estate taxation. If you own all or part of the life insurance policy at the time of your death, the proceeds may be included in your gross estate for federal estate tax purposes. Also, federal gift taxes and state inheritance taxes may apply to life insurance policy proceeds under certain circumstances.
They are usually not subject to Income Taxes, but may be subject to Estate Taxes. It would be VERY unusual for income taxes to be due. Federal estate taxes are not an issue if you are of modest means, but your state may have estate, inheritance, or death taxes that could impact most anyone.
The benefits from a life insurance policy are treated as part of the estate and subject to the estate tax. They are not subject to income tax.
No Income Tax, but there might be Estate Taxes.
With regard to state taxes, it depends on the state in which you live. In some states, the death benefit from life insurance passes outside the estate and directly to the named beneficiary. So there is not tax. For federal tax The policy has a value at the time of death. That value is included in the estate,
In most instances, no income tax is due on life insurance proceeds. (A rare exception would be if the policy was sold, making it a capital asset. Very rare, though.) There is no estate tax on the insurance policy, per se. However, if the value of the decedent's estate, including the proceeds of the policy, exceeds a certain amount ($2 million this year), then the estate would be liable to pay an estate tax. The proceeds of the policy would not be included in the value of the estate if the decedent had no incidents of ownership in the policy at death. An example would be a policy that was owned by an irrevocable trust and the decedent did not own the policy within 3 years of death.
Usually, life insurance proceeds are free from federal taxes. If the beneficiary is an individual person/persons, the proceeds of a life isnurance policy are tax-free. If the beneficiary of a life insurance policy is the "Estate" of the insured person, the proceeds may be subject to estate taxes.
Insurance benefits are considered part of the decedent's estate. There are (theoretically) estate taxes due on them, but unless your son had a lot of other assets or an unusually large policy it's unlikely that there will be any estate tax due; the first five million dollars of the estate's assets (roughly) are exempt from federal estate taxes (it may not be exempt from state taxes, though; check with a tax professional if you're not sure). Benefits received from someone's estate are not subject to income tax.
Yes, life insurance is a tax deferred item. If the policy is paid on the death of the insured there is no income tax on the proceeds as long as you never deducted the premiums paid on the policy. You never want to take a tax deduction on the premiums as it makes the proceeds taxable. Estate taxes can attach if proceeds are paid to the estate or a trust. If, however you surrender a life insurance policy that has a cash value you are subject to income taxes. As a matter of full disclosure, I own and operate a small Independent Insurance Agency in Georgia and have for 22 years. I also was an agent for a direct writer insurance company for 3 years prior.
Generally, no. So long as a beneficiary is designated the Policy does not need to be and should not be included as part of an estate. The Policy proceeds or "death benefit" is the property of the named beneficiary, they are not the property of the deceased and therefore not a part of the decedents estate. Only when the Insured failed to designate a beneficiary or no eligible beneficiary is available would the Life Insurance Policy proceeds revert to the named insured and then be included in the Estate.If the policy was owned by someone other than the deceased, the insurance proceeds will not be part of the estate.Since estate taxes (when applicable) can be as high as 55% and the claims of creditors can take an entire estate, it is very important to consult an experienced lawyer prior buying any life insurance policy to ensure that the proceeds go to the heirs and not to pay taxes or the deceased's creditors.
When a person insured by a life insurance policy dies during the term of the policy the proceeds are paid to the beneficiary or beneficiaries. Life insurance death benefit proceeds are usually not subject to state and federal income taxation. But, if there is no beneficiary, the death benefit proceeds of the life insurance policy may be included in the estate of the deceased. Then, it may be subject to state, federal and inheritance taxes.