Tax TreatmentQuestion 230 of 716

Which of the following BEST keeps a life insurance death benefit out of the insured's federal gross estate?

a.Paying all premiums with after-tax dollars rather than with pre-tax dollars from a benefit plan
b.Having an Irrevocable Life Insurance Trust (ILIT) own the policy, with the insured holding no incidents of ownership
c.Naming the insured's spouse as primary beneficiary, which keeps the proceeds out of the gross estate entirely under §2042
d.Choosing a settlement option that pays the beneficiary interest only, deferring the principal

Explanation

Under IRC §2042 the death proceeds are included in the insured's gross estate whenever the insured holds any incidents of ownership. Transferring ownership to an ILIT (and avoiding the §2035 three-year look-back) is the standard estate-planning technique to remove the policy from the gross estate. Naming a spouse defers but does not avoid estate inclusion; how premiums are paid does not change §2042 inclusion.

Law Reference: IRC §2042

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Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
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