1035 Exchanges – Keep Your Hand Out Of The Cookie Jar!
But to sully or spoil something good is another and an easier matter. No better example illustrates than misconduct during the non-taxable exchange of a life policy.
A silk purse indeed, but more a sow’s ear when FIFOs are attempted incidental to a 1035 exchange. Consider:
- A life-for-life 1035 exchange must be a strict policy-for-policy transaction.
- Anything received other than the new policy is considered “boot.”
- Boot is taxable to the extent there is any gain in the old policy.
- A withdrawal from the old policy taken incidental to the exchange is considered boot!
- The IRS has never been clear how long prior to an exchange a withdrawal must be made to avoid treatment as boot.
- Even recycled withdrawals used to pay off policy loans before the exchange are considered boot!
