At 71 He’ll Stop Paying on a Whole Life Policy He No Longer Needs. Cashing It Out Means a Tax Bill. Swapping It Into Long-Term Care Coverage Means None

The annual statement for a whole life policy he bought decades ago shows a growing cash value, and he’s wondering why he still writes premium checks. The kids are grown, and the mortgage is gone. The death benefit was meant to protect a family that doesn’t need protecting anymore. He’s decided the payments stop at 71, so he still needs to figure out what to do with the cash value.

Plenty of retirees end up here, as households headed by someone 70 or older held 33.6% of U.S. household net worth in the second quarter of 2026, and many in that generation bought whole life as a savings plan. Years ago, a caller to The Clark Howard Podcast asked a question many people still ask: “Are there companies that kind of specialize in that transition between a life insurance policy and long-term care?”

Why a Straight Cash-Out Gets Taxed at Full Rates

We covered the downside of simply surrendering in an earlier piece, so this is the short version. When you cash in a policy, anything you get back above the policy’s cost is taxable. That cost is called the contract’s investment. It’s generally the premiums you paid, minus any refunded premiums, rebates, dividends, or unrepaid loans not included in income. Report the gain on lines 5a and 5b of Form 1040, the same lines as pension income. That means it’s taxed as ordinary income at the same rates as wages under 26 U.S.C. § 72(e).

Old policy loans can make it worse. The insurance company repays itself from the cash value first, so the check can be small while the Form 1099-R shows the total proceeds and the taxable portion. A large gain can also increase Medicare costs. In 2026, Part B runs $202.90 a month for individuals with modified adjusted gross income up to $109,000 ($218,000 joint). Beyond that, it starts at $284.10. IRMAA surcharges like this one are among the retirement bills we mapped in a free Medicare guide.

How a 1035 Exchange Moves the Gain Without Taxing It

Under 26 U.S.C. § 1035(a)(1), you don’t recognize gain when you swap a life insurance policy for another life policy, an endowment, an annuity, or a qualified long-term care insurance contract. The long-term care option came from the Pension Protection Act of 2006 and applies to exchanges occurring after Dec. 31, 2009. Hybrid policies also count, as a hybrid is a life policy or annuity with long-term care coverage added as a rider (an add-on benefit), and the law still treats it as life insurance or an annuity (§ 1035(b)(2) and (b)(3)).

No tax is due because the money goes into a new policy instead of being paid out to him. His cost basis, meaning what he’s paid in, carries over to the new contract (§ 1035(d)(2)). The untaxed gain just moves into the new policy along with everything else.

A few rules keep it tax-free. The money must go directly from the old insurance company to the new one. If he takes the cash and reinvests it himself, the nonrecognition rules don’t apply. The new policy generally must cover the same insured, and the owner usually stays the same. If any cash comes back to him in the swap, that part can be taxed (§ 1035(d)(1)).

Health, Fees and Premiums Can Sink the Swap

1. Medical underwriting. At 71, he’ll probably need to pass a health review to get long-term care coverage. A recent diagnosis can raise the price or lead to a denial.
2. Surrender charges. The old policy may still charge a fee for ending it early, and that fee reduces what moves over. The policy statement will show it.
3. Premium increases. Traditional long-term care policies with yearly premiums can raise rates later. A hybrid paid for with one lump sum from the exchange leaves no ongoing bills.
4. Tax on benefits. Benefits from a qualified contract are treated as reimbursement for actual medical care expenses. Policies that pay a flat daily amount are tax-free up to a per-day cap of $175 (adjusted for inflation each year) or up to actual care costs if those are higher (§ 7702B(d)).

The last tradeoff is the death benefit, which goes away. That matters if a spouse would need the payout, or if leaving money to heirs is a priority. It matters much less when the kids are financially independent.

Cheaper Exits Worth Checking First

Reduced paid-up insurance ends premiums and turns the policy into a smaller, fully paid death benefit with no tax due. Some policies can also use cash value or dividends to cover the premiums until the value runs out. A sale to a third party, called a life settlement, is taxed differently from a surrender. It’s treated like selling property, and the law doesn’t let the policy’s insurance charges reduce his basis (26 U.S.C. § 1016(a)(1)(B)).

For most people in his spot who can pass the health review and don’t have anyone relying on the death benefit, the exchange comes out ahead of cashing out. If a spouse still needs coverage, paid-up insurance is usually the better fit.

One Number to Get From the Insurer Before Signing

Ask the insurance company in writing for the policy’s investment in the contract, along with the cash surrender value and any loan balance. If the cash value is close to that cost, surrendering triggers little tax, and the choice comes down to whether he wants the coverage. If it’s well above, the exchange is what keeps that gain from being taxed.

The mistake to avoid is taking the check and then using it to buy long-term care coverage. The IRS treats that as cashing out and reinvesting, which doesn’t qualify for tax-free treatment, so the gain is taxable.

Contact [email protected] for any questions or corrections.