


Ask the community...
Your situation sounds exactly like what happened with my sister last year! It turned out that a portion of her life insurance payout was actually from a cash value component that had built up interest over time. The death benefit part wasn't taxable, but the interest/investment gains portion was. The insurance company should have provided some kind of breakdown showing the cost basis vs the gain. Did you get any kind of 1099 form from them when the payout happened? It might have gotten lost in all the paperwork during that difficult time.
We got a bunch of papers from the insurance company but honestly we were so overwhelmed with grief and funeral arrangements I don't remember a 1099. We just saw the check and deposit instructions. Maybe we missed something important! Actually think I still have the folder with all the insurance papers. Going to dig through it tonight. Do you know if it would specifically say "1099" or could it be called something else?
It would definitely say 1099 on it, but could be different types like 1099-R (for retirement distributions), 1099-INT (for interest), or even 1099-MISC. Look for any form with numbers broken down into different boxes or categories. Also check if the policy had what's called a "Modified Endowment Contract" or MEC status. These are life insurance policies that have been funded with more money than tax law allows, which changes how they're taxed. If the policy was a MEC, then part of the payout could definitely be taxable.
I work at a financial company and see this confusion a lot. Here's the simplified version: pure death benefits from life insurance = not taxable. But there are several things that look like "life insurance" but have different tax treatment: 1) Annuity death benefits - taxable 2) Cash value/accumulated interest beyond premiums paid - taxable 3) Employer-provided life insurance over $50,000 - could generate taxable income 4) Policy dividends that exceed the premiums paid - taxable Did your dad's policy have any investment component or was it just term life insurance? That makes a huge difference.
I'm not OP but have a similar situation. If the policy was whole life and the death benefit was $200K but only $150K was the actual insurance (with $50K being cash value that built up), is only that $50K taxable? Or is it more complicated?
Not to hijack this thread, but what about if someone cashes out a life insurance policy before death? My uncle is considering this with his policy and I'm trying to help him understand the tax implications.
You might also want to look into the Lifetime Learning Credit as an alternative. There's no limit on the number of years you can claim it. The credit is worth up to $2,000 (20% of the first $10,000 in qualified education expenses). It's not as generous as the AOTC's $2,500, but it's better than nothing if you're no longer eligible for AOTC. The Lifetime Learning Credit also has fewer restrictions - your brother doesn't need to be pursuing a degree or enrolled at least half-time. Just having taken one or more courses at an eligible institution is enough to qualify.
That's a great point about the Lifetime Learning Credit! Do you know if the income limits are the same as the AOTC? My brother makes around $65,000 per year, so I wasn't sure if he'd still qualify.
For 2025, the Lifetime Learning Credit begins to phase out at $80,000 for single filers ($160,000 for married filing jointly) and is completely phased out at $90,000 ($180,000 for joint filers). Since your brother makes around $65,000, he would be eligible for the full credit amount based on his qualified expenses. The income limits are slightly different than the AOTC, which begins phasing out at $80,000 ($160,000 joint) and completely phases out at $90,000 ($180,000 joint). So at $65,000 he'd be under the threshold for either credit - it really comes down to which one he's eligible for based on his education status.
I think there's some confusion about how the "first 4 years of postsecondary education" are counted. It's not about calendar years or how many years you've physically attended. It's about academic progress toward a 4-year degree. If your brother was enrolled in a bachelor's program but only completed enough credits for an associates degree, the IRS would typically consider that as completing approximately 2 years of postsecondary education. Starting a new associates program doesn't reset the clock, but it also doesn't automatically disqualify him. The key question is: How many credit hours had he completed toward a 4-year degree? If he had completed less than the equivalent of 4 years of academic credit hours, he might still be eligible.
This is correct. My tax accountant explained that it's about your academic standing, not time spent in school. A student is considered to have completed the first 4 years if they've completed enough credit hours to be classified as a senior (4th year) or above at their educational institution.
One thing nobody mentioned yet - look into the First Time Penalty Abatement program from the IRS. If you haven't had any issues in the 3 years before your first missed filing, you might qualify to have penalties waived for one tax year. Won't help for all 15 years but could save you some money on at least the first year's penalties. Also check your state's voluntary disclosure program. Some states have amnesty options if you come forward voluntarily before they come after you (though sounds like they already found you in the past).
Thank you for mentioning this! I had no idea about the First Time Penalty Abatement program. Do you know if I would still qualify even though they had already levied my bank account years ago?
Unfortunately, since they've already taken collection actions like bank levies, you probably won't qualify for First Time Penalty Abatement. That program is typically for taxpayers who haven't had prior issues. However, you might still qualify for abatement under "reasonable cause" if you can demonstrate that your failure to file and pay was due to circumstances beyond your control - things like serious illness, inability to obtain records, or certain types of hardship. The anxiety and depression you mentioned might actually help your case, especially if you have any documentation from a healthcare provider.
Quick question - do you have any retirement accounts or investments you can liquidate to pay this off? I was in a similar situation (8 years unfiled) and ended up taking the hit on an early 401k withdrawal to clear my tax debt. The 10% penalty hurt but it was worth it to wipe the slate clean and stop the interest from continuing to accrue.
One trick that has worked for me twice now when dealing with the IRS - call your local congressional representative! Most have staff dedicated to helping constituents with federal agencies. I called my rep's office, explained my situation, and within 2 weeks they had contacted the IRS and gotten my issue resolved. Their office has direct channels to IRS advocates that regular people can't access.
Does this really work? I've heard about this but wasn't sure if congressional offices actually help with tax stuff or if they just take your info and do nothing.
Yes, it absolutely works! Congressional caseworkers help constituents navigate federal agencies - it's literally part of their job. When I called, they had me fill out a privacy form so they could legally inquire about my case, then assigned a caseworker who contacted the IRS Taxpayer Advocate on my behalf. The key is being patient and polite with their office. They deal with lots of cases, so don't expect immediate results, but in my experience, they did follow through. It took about 2 weeks to get resolution, which was much faster than I was getting on my own. Just call your rep's local district office rather than their DC office for best results.
Has anyone tried setting up an in-person appointment at a local IRS office? I've heard you can do that but haven't tried it myself.
JaylinCharles
Just FYI, the SECURE 2.0 Act is changing the rules about 529-to-Roth IRA rollovers starting in 2024. You'll be able to roll over up to $35,000 lifetime from a 529 to a Roth IRA, but there are strict conditions: - The 529 must have been open for at least 15 years - The rollover can't exceed the annual IRA contribution limit - You still need earned income equal to the contribution - The funds must have been in the 529 for at least 5 years This might not help with your current situation, but could be useful in the future!
0 coins
KaiEsmeralda
ā¢Thanks for this info! Does this mean my dad's distribution might actually be okay under the new rules? Or would we need to wait until 2024 to do this legally? The 529 has definitely been open for more than 15 years.
0 coins
JaylinCharles
ā¢The new rules don't take effect until 2024, so unfortunately they don't apply to your current situation. For your 2023 taxes, the old rules still apply - meaning the 529 distribution is potentially subject to taxes and penalties if not used for qualified education expenses. If the 529 has been open for 15+ years, you could potentially do a proper rollover next year (2024) following the new rules. But for now, you'd need to handle the current distribution under existing regulations.
0 coins
Eloise Kendrick
I made a similar mistake last year with my daughter's 529. What we should have done: 1) Use the 529 for qualified education expenses (tuition, books, etc.) 2) Then separately contribute to the Roth IRA from regular funds Instead, we did what your dad did and created a tax headache. We ended up having to pay taxes on the earnings portion of the 529 distribution plus a 10% penalty. And then we had to make sure my daughter had enough earned income to justify the Roth contribution.
0 coins
Lucas Schmidt
ā¢Did you use any specific tax software that helped you figure out all the calculations? I'm trying to help my son with a similar situation.
0 coins