26 U.S. Code § 101 - Certain death benefits

Except as otherwise provided in paragraphs (2) and (3), subsection (d), subsection (f), and subsection (j), gross income does not include amounts received (whether in a single sum or otherwise) under a life insurance insured.

(2) Transfer for valuable consideration In the case of a transfer for a valuable consideration, by assignment or otherwise, of a life insurance other amounts subsequently paid by the transferee. The preceding sentence shall not apply in the case of such a transfer—

if such transfer is to the The term “other amounts” in the first sentence of this paragraph includes interest paid or accrued by the transferee on indebtedness with respect to such (3) Exception to valuable consideration rules for commercial transfers

The second sentence of paragraph (2) shall not apply in the case of a transfer of a life insurance reportable policy sale.

For purposes of this paragraph, the term “reportable policy sale” means the acquisition of an interest in a life insurance [(b) Repealed. Pub. L. 104–188, title I, § 1402(a), Aug. 20, 1996 , 110 Stat. 1789]

If any amount excluded from gross income by subsection (a) is held under an agreement to pay interest thereon, the interest payments shall be included in gross income.

The amounts held by an insurer with respect to any beneficiary shall be prorated (in accordance with such regulations as may be prescribed by the Secretary) over the period or periods with respect to which such payments are to be made. There shall be excluded from the gross income of such beneficiary in the taxable year received any amount determined by such proration. Gross income includes, to the extent not excluded by the preceding sentence, amounts received under agreements to which this subsection applies.

(2) Amount held by an insurer An amount held by an insurer with respect to any beneficiary shall mean an amount to which subsection (a) applies which is—

as discounted on the basis of the interest rate used by the insurer in calculating payments under the agreement and mortality tables prescribed by the Secretary.

This subsection shall not apply to any amount to which subsection (c) is applicable.

(1) In general Any amount paid by reason of the death of the flexible premium life insurance contract issued before January 1, 1985 shall be excluded from gross income only if—

(A) Guideline premium limitation The term “guideline premium limitation” means, as of any date, the greater of—

(B) Guideline single premium The term “guideline single premium” means the premium at issue with respect to future benefits under thequalified additional benefits, at the time of a determination under subparagraph (A) or (E) and which is based on—

interest at the greater of an annual effective rate of 6 percent or the minimum rate or rates guaranteed upon issue of the (C) Guideline level premium

The term “guideline level premium” means the level annual amount, payable over the longest period permitted under theguideline single premium, except that subparagraph (B)(ii) shall be applied by substituting “4 percent” for “6 percent”.

(D) Computational rules In computing the guideline single premium or guideline level premium under subparagraph (B) or (C)—

the amount of any endowment benefit (or sum of endowment benefits) shall be deemed not to exceed the least amount payable by reason of the death of the (E) Adjustments

The guideline single premium and guideline level premium shall be adjusted in the event of a change in the future benefits or any qualified additional benefit under theguideline single premiums or guideline level premium previously determined.

The terms “flexible premium life insurance contract” and “contract” mean a life insurance qualified additional benefits) which provides for the payment of one or more premiums which are not fixed by the insurer as to both timing and amount. Such terms do not include that portion of any (B) Premiums paid The term “premiums paid” means the premiums paid under thesection 72(e) applies. If, in order to comply with the requirements of paragraph (1)(A), any portion of any premium paid during any (i)

the amount so returned (excluding interest) shall be deemed to reduce the sum of the premiums paid under the (ii)

notwithstanding the provisions of section 72(e), the amount of any interest so returned shall be includible in the gross income of the recipient.

The payment of a premium which would result in the sum of the premiums paid exceeding the guideline premium limitation shall be disregarded for purposes of paragraph (1)(A)(i) if the amount of such premium does not exceed the amount necessary to prevent the termination of the (G) Net single premium In computing the net single premium under paragraph (1)(B)—

the mortality basis shall be that guaranteed under the (ii) interest shall be based on the greater of—

the computational rules of paragraph (2)(D) shall apply, except that the maturity date referred to in clause (ii) thereof shall not be earlier than age 95.

The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection.

(1) In general For purposes of this section, the following amounts shall be treated as an amount paid by reason of the death of an (A)

If any portion of the death benefit under a life insurance viatical settlement provider, the amount paid for the sale or assignment of such portion shall be treated as an amount paid under the life insurance insured.

(i) In general The term “viatical settlement provider” means any person regularly engaged in the trade or business of purchasing, or taking assignments of, life insurance insureds described in paragraph (1) if—

such person is licensed for such purposes (with respect to insureds described in the same subparagraph of paragraph (1) as the (II)

meets the requirements of sections 8 and 9 of the Viatical Settlements Model Act of the National Association of Insurance Commissioners, and

meets the requirements of the Model Regulations of the National Association of Insurance Commissioners (relating to standards for evaluation of reasonable payments) in determining amounts paid by such person in connection with such purchases or assignments.

(iii) Chronically ill insureds A person meets the requirements of this clause with respect to an chronically ill individual if such person—

meets the standards (if any) of the National Association of Insurance Commissioners for evaluating the reasonableness of amounts paid by such person in connection with such purchases or assignments with respect to chronically ill individuals.

such payment is for costs incurred by the payee (not compensated for by insurance or otherwise) for qualified long-term care services provided for the (ii) the terms of the (I)

those requirements of section 7702B(g) and section 4980C which the Secretary specifies as applying to such a purchase, assignment, or other arrangement,

standards adopted by the National Association of Insurance Commissioners which specifically apply to chronically ill individuals (and, if such standards are adopted, the analogous requirements specified under clause (i) shall cease to apply), and

standards adopted by the State in which the policyholder resides (and if such standards are adopted, the analogous requirements specified under clause (i) and (subject to section 4980C(f)) standards under clause (ii), shall cease to apply).

A payment shall not fail to be described in subparagraph (A) by reason of being made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payment relates.

For limitation on amount of periodic payments which are treated as described in paragraph (1), see section 7702B(d).

The term “terminally ill individual” means an individual who has been certified by a physician as having an illness or physical condition which can reasonably be expected to result in death in 24 months or less after the date of the certification.

The term “chronically ill individual” has the meaning given such term by section 7702B(c)(2); except that such term shall not include a terminally ill individual.

The term “qualified long-term care services” has the meaning given such term by section 7702B(c).

The term “physician” has the meaning given to such term by section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)).

This subsection shall not apply in the case of any amount paid to any taxpayer other than the employee of the taxpayer or by reason of the (h) Survivor benefits attributable to service by a public safety officer who is killed in the line of duty

(1) In general Gross income shall not include any amount paid as a survivor annuity on account of the death of a public safety officer (as such term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968, as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2013) killed in the line of duty—

if such annuity is provided, under a governmental plan which meets the requirements of section 401(a), to the spouse (or a former spouse) of the public safety officer or to a child of such officer; and

(2) Exceptions Paragraph (1) shall not apply with respect to the death of any public safety officer if, as determined in accordance with the provisions of the Omnibus Crime Control and Safe Streets Act of 1968—

the death was caused by the intentional misconduct of the officer or by such officer’s intention to bring about such officer’s death;

the officer was voluntarily intoxicated (as defined in section 1204 of such Act) at the time of death;

the officer was performing such officer’s duties in a grossly negligent manner at the time of death; or

the payment is to an individual whose actions were a substantial contributing factor to the death of the officer.

(i) Certain employee death benefits payable by reason of death of certain terrorist victims or astronauts

Gross income does not include amounts (whether in a single sum or otherwise) paid by an employer by reason of the death of an employee who is a specified terrorist victim (as defined in section 692(d)(4)).

Subject to such rules as the Secretary may prescribe, paragraph (1) shall not apply to amounts which would have been payable after death if the individual had died other than as a specified terrorist victim (as so defined).

Subparagraph (A) shall not apply to incidental death benefits paid from a plan described in section 401(a) and exempt from tax under section 501(a).

For purposes of paragraph (1), the term “employee” includes a self-employed individual (as defined in section 401(c)(1)).

The provisions of this subsection shall apply to any astronaut whose death occurs in the line of duty.

In the case of an employer-owned life insurance contract, the amount excluded from gross income of an applicable policyholder by reason of paragraph (1) of subsection (a) shall not exceed an amount equal to the sum of the premiums and other amounts paid by the policyholder for the (2) Exceptions In the case of an employer-owned life insurance contract with respect to which the notice and consent requirements of paragraph (4) are met, paragraph (1) shall not apply to any of the following:

(A) Exceptions based on insured’s status Any amount received by reason of the death of an applicable policyholder—

a highly compensated employee within the meaning of section 414(q) (without regard to paragraph (1)(B)(ii) thereof), or

a highly compensated individual within the meaning of section 105(h)(5), except that “35 percent” shall be substituted for “25 percent” in subparagraph (C) thereof.

(B) Exception for amounts paid to insured’s heirs Any amount received by reason of the death of an (i)

the amount is paid to a member of the family (within the meaning of section 267(c)(4)) of the applicable policyholder), a trust established for the benefit of any such member of the family or designated beneficiary, or the estate of the insured, or

the amount is used to purchase an equity (or capital or profits) interest in the applicable policyholder from any person described in clause (i).

(A) In general For purposes of this subsection, the term “employer-owned life insurance contract” means a life insurance (i)

is owned by a person engaged in a trade or business and under which such person (or a related person described in subparagraph (B)(ii)) is directly or indirectly a beneficiary under the (ii)

The term “applicable policyholder” means, with respect to any employer-owned life insurance contract, the person described in subparagraph (A)(i) which owns the (ii) Related persons The term “applicable policyholder” includes any person which—

bears a relationship to the person described in clause (i) which is specified in section 267(b) or 707(b)(1), or

is engaged in trades or businesses with such person which are under common control (within the meaning of subsection (a) or (b) of section 52).

(4) Notice and consent requirements The notice and consent requirements of this paragraph are met if, before the issuance of the employee—

is informed in writing that an applicable policyholder will be a beneficiary of any proceeds payable upon the death of the employee.

The term “employee” includes an officer, director, and highly compensated employee (within the meaning of section 414(q)).

The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (h), is Pub. L. 90–351, June 19, 1968 , 82 Stat. 197. Section 1204 of the Act is classified to section 10284 of Title 34, Crime Control and Law Enforcement. Section 1204 of the Act, as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2013, means section 1204 prior to its amendment by Pub. L. 112–239, div. A, title X, § 1086(b)(1)(E), Jan. 2, 2013 , 126 Stat. 1967. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of Title 34 and Tables.

Another section 1084(b) of Pub. L. 105–34 amended sections 805, 807, 812, and 832 of this title.

2017—Subsec. (a)(1). Pub. L. 115–97, § 13522(b), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

2013—Subsec. (h)(1). Pub. L. 112–239 inserted “, as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2013” after “1968” in introductory provisions.

2006—Subsec. (a)(1). Pub. L. 109–280, § 863(c)(1), substituted “subsection (f), and subsection (j)” for “and subsection (f)”.

2003—Subsec. (i). Pub. L. 108–121, § 110(b)(2), inserted “or astronauts” after “victims” in heading.

2002—Subsec. (i). Pub. L. 107–134 added subsec. (i).

1997—Subsec. (a)(2). Pub. L. 105–34, § 1084(b)(2), inserted at end “The term Pub. L. 105–34, § 1528(a), added subsec. (h).

1996—Subsec. (b). Pub. L. 104–188, § 1402(a), struck out subsec. (b) which related toPub. L. 104–188, § 1402(b)(1), substituted “subsection (a)” for “subsection (a) or (b)”.

Subsec. (g). Pub. L. 104–191 added subsec. (g).

1986—Subsec. (d)(1). Pub. L. 99–514, § 1001(a), amended second sentence generally, which prior to amendment read as follows: “There shall be excluded from the gross income of such beneficiary in the taxable year received—

“(A) any amount determined by such proration, and

“(B) in the case of the surviving spouse of the Pub. L. 99–514, § 1001(c)(2), substituted “equal” for “is equal” in introductory provisions.

Subsec. (d)(2)(B)(ii). Pub. L. 99–514, § 1001(b), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “as discounted on the basis of the interest rate and mortality tables used by the insurer in calculating payments under the agreement.”

Subsec. (d)(3), (4). Pub. L. 99–514, § 1001(c)(1), redesignated par. (4) as (3), and struck out former par. (3), “Surviving spouse”, which read as follows: “For purposes of this subsection, the term ‘surviving spouse’ means the spouse of thePub. L. 98–369, § 713(e), amended subpar. (B) generally, substituting “certain distributions” for “certain lump sum distributions” in heading, substituting “amount paid or distributed” for “lump sum distribution described in the second sentence of paragraph (2)(B)” in introductory text and adding cls. (i) and (ii).

Subsec. (e). Pub. L. 98–369, § 421(b)(2), repealed subsec. (e) relating to payments of alimony or of income of an estate or trust in case of divorce, etc.

Subsec. (f). Pub. L. 98–369, § 221(b)(2)(B), inserted “issued before January 1, 1985 ” in heading.

Subsec. (f)(1). Pub. L. 98–369, § 221(b)(2)(A), inserted “issued before January 1, 1985 ” in introductory text.

1982—Subsec. (a)(1). Pub. L. 97–248, § 266(b), substituted “, subsection (d), and subsection (f)” for “and in subsection (d)”.

Subsec. (b)(3). Pub. L. 97–248, § 239, amended par. (3) generally, substituting “Treatment of self-employed individuals” for “Self-employed individual not considered anPub. L. 97–248, § 266(a), added subsec. (f).

1976—Subsec. (d)(1). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (f). Pub. L. 94–455, § 1901(a)(16), struck out subsec. (f) relating to effective date of section.

1974—Subsec. (b)(2)(B). Pub. L. 93–406, § 2005(c)(15), substituted “a lump sum distribution (as defined in section 402(e)(4)” for “total distributions payable (as defined in section 402(a)(3)) which are paid to a distributee within one taxable year of the distributee by reason of thePub. L. 93–406, § 2007(b)(3), substituted “if the member or former member of the uniformed services by reason of whose death such annuity is payable” for “if the individual who made the election under such chapter”.

1969—Subsec. (b)(2)(B)(iii). Pub. L. 91–172 substituted references to section 170(b)(1)(A) (ii) and (vi), and to religious organizations, for references to section 503(b)(1), (2), or (3).

1966—Subsec. (b)(2)(D). Pub. L. 89–365 provided that par. (1) shall not apply in the case of an annuity under chapter 73 of title 10 if the individual who made the election under that chapter died after attaining retirement age.

1962—Subsec. (b)(2)(B)(ii). Pub. L. 87–792, § 7(c)(1), substituted “described in section 403(a)” for “which meets the requirements of paragraphs (3), (4), (5), and (6) of section 401(a)”.

1958—Subsec. (b)(2)(B). Pub. L. 85–866 substituted “This subparagraph shall not apply to total distributions payable (as defined in section 402(a)(3) which are paid to a distributee within one taxable year of the distributee by reason of the Statutory Notes and Related Subsidiaries

“The amendments made by this section [amending this section] shall apply to transfers after December 31, 2017 .”

Amendment by Pub. L. 112–239 effective Jan. 2, 2013 , and applicable to matters pending on Jan. 2, 2013 , or filed or accruing after that date, with certain exceptions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of Title 34, Crime Control and Law Enforcement.

“The amendments made by this section [enacting section 6039I of this title and amending this section] shall apply to life insuranceAug. 17, 2006 ], except for aInternal Revenue Code of 1986 for a Effective Date of 2003 Amendment

“The amendments made by this subsection [amending this section] shall apply to amounts paid after December 31, 2002 , with respect to deaths occurring after such date.”

The amendment made by this section [amending this section] shall apply to taxable years ending before, on, or after September 11, 2001 .

If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act [ Jan. 23, 2002 ] by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.”

“The amendments made by this section [amending this section] shall apply to amounts received in taxable years beginning after December 31, 1996 , with respect to individuals dying after such date, and to amounts received in taxable years beginning after December 31, 2001 , with respect to individuals dying on or before December 31, 1996 .”

“The amendment made by subsection (a) [amending this section] shall apply to amounts received after December 31, 1996 .”

“The amendments made by this section [amending this section and sections 406, 407, and 7701 of this title] shall apply with respect to decedents dying after the date of the enactment of this Act [ Aug. 20, 1996 ].”

“The amendments made by this section [amending this section] shall apply to amounts received with respect to deaths occurring after the date of the enactment of this section [ Oct. 22, 1986 ] in taxable years ending after such date.”

Amendment by section 221(b)(2) of Pub. L. 98–369 effective Jan. 1, 1984 , see section 221(d)(4) of Pub. L. 98–369, set out as an Effective Date note under section 7702 of this title.

Amendment by section 421(b)(2) of Pub. L. 98–369 applicable to transfers after July 18, 1984 , in taxable years ending after such date, subject to election to have repeal apply to transfers after 1983 or to transfers pursuant to existing decrees, see section 421(d) of Pub. L. 98–369, set out as an Effective Date note under section 1041 of this title.

Amendment by section 713 of Pub. L. 98–369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97–248, to which such amendment relates, see section 715 of Pub. L. 98–369, set out as a note under section 31 of this title.

Amendment by section 239 of Pub. L. 97–248 applicable to decedents dying after Dec. 31, 1983 , see section 241(b) of Pub. L. 97–248, set out as an Effective Date note under section 416 of this title. Such amendment is applicable, in the case of amounts received under the plan of an S corporation, with respect to decedents dying after Dec. 31, 1982 , notwithstanding section 241(b) of Pub. L. 97–248, see section 6(b)(2) of Pub. L. 97–354, Oct. 19, 1982 , 96 Stat. 1697, set out as a note under section 1361 of this title.

Amendment by section 1901(a)(16) of Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976 , see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title.

Amendment by section 2005(c)(15) of Pub. L. 93–406 applicable only with respect to distributions and payments made after Dec. 31, 1973 , in taxable years beginning after Dec. 31, 1973 , see section 2005(d) of Pub. L. 93–406, set out as a note under section 402 of this title.

Amendment by section 2007(b)(3) of Pub. L. 93–406 applicable to taxable years ending on or after Sept. 21, 1972 , with respect to individuals dying on or after Sept. 21, 1972 , see section 2007(c) of Pub. L. 93–406, set out as a note under section 122 of this title.

Amendment by Pub. L. 91–172 effective Jan. 1, 1970 , see section 101(k)(1) of Pub. L. 91–172, set out as an Effective Date note under section 4940 of this title.

Amendment by Pub. L. 89–365 applicable with respect to individuals making an election under chapter 73 of Title 10 who died after Dec. 31, 1965 , see section 1(d) of Pub. L. 89–365, set out as an Effective Date note under section 122 of this title.

Amendment by Pub. L. 87–792 applicable to taxable years beginning after Dec. 31, 1962 , see section 8 of Pub. L. 87–792, set out as a note under section 22 of this title.

Amendment by Pub. L. 85–866 applicable to taxable years beginning after Dec. 31, 1957 , see section 23(g) of Pub. L. 85–866, set out as a note under section 403 of this title.

For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Pub. L. 104–188 require an amendment to any plan or annuityJan. 1, 1998 , see section 1465 of Pub. L. 104–188, set out as a note under section 401 of this title.

Flexible Premium Contracts Issued During 1984 Which Meet Requirements of Section 7702 Treated as Meeting Requirements of Section 101(f)

Flexible premium section 7702 of this title treated as meeting requirements of subsec. (f) of this section, see section 221(b)(3) of Pub. L. 98–369, as added by Pub. L. 99–514, set out as a note under section 7702 of this title.

Any January 1, 1983 , which meets the requirements of section 101(f) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] on the date which is 1 year after the date of the enactment of this Act [ Sept. 3, 1982 ] shall be treated as meeting the requirements of such section for any period before the date on which suchSept. 3, 1982 ] shall be excluded from gross income.