IRC § 2035CFP Board / IRS / SECcfpcpaeaVerified 2026-11-12

IRC § 2035: Advanced Life Insurance Strategies: ILITs, Life Settlements, and Split-Dollar

Authoritative Rule Summary (IRC § 2035)

Under IRC § 2035 (CFP Board / IRS / SEC), advanced Life Insurance Strategies: ILITs, Life Settlements, and Split-Dollar establishes the authoritative rules tested on the CFP® Certification. Master the mechanics and tax implications of Irrevocable Life Insurance Trusts (ILITs), life and viatical settlements, and split-dollar arrangements to solve complex client estate and business succession needs, with a focus on avoiding common, verified against VoraPrep's CFP® Certification blueprint.

Current Statutory Thresholds & Limits in Effect

IRC §2010(c) / OBBBA §70106 · 2026+ ($13,990,000 for 2025)
Federal Estate & Lifetime Gift Basic Exclusion
$15,000,000 per individual ($30,000,000 married portability)
IRC §2503(b) · 2025–2026
Annual Gift Tax Exclusion (IRC §2503(b))
$19,000 per donee ($38,000 gift-splitting)

Worked Example: Example: Calculating Taxable Gain on a Life Settlement

MetricValue
Sale Price$250,000
Cash Surrender Value (CSV)$100,000
Premiums Paid (Cost Basis)$80,000
Test Yourself on IRC § 2035 in 30 Seconds (No Login)CFP® Certification · medium

Michael, age 45, needs $1 million of life insurance coverage for the next 20 years until his children are financially independent. He is concerned that his health might decline during this period and wants to ensure he can continue his coverage beyond the 20 years without having to prove insurability. Which of the following life insurance policies is MOST appropriate for Michael's stated objectives?

Worked Practitioner Scenario

Worked Example: Example: Calculating Taxable Gain on a Life Settlement

Scenario: Marco, age 75, decides to sell his universal life policy. He is not terminally or chronically ill. The policy details are presented in the following table:

  1. | Metric | Value | | :--- | :--- | | Sale Price | $250,000 | | Cash Surrender Value (CSV) | $100,000 | | Premiums Paid (Cost Basis) | $80,000 |
  2. Here is the step-by-step calculation of his taxable gain:
  3. 1. Calculate the Total Gain: The total gain is the sale price less the basis in the policy. Total Gain = Sale Price - Basis = $250,000 - $80,000 = $170,000
  4. 2. Bifurcate the Gain: The gain must be split into an ordinary income component and a capital gain component. - The portion of the gain up to the policy's cash surrender value is taxed as ordinary income. - The portion of the gain that exceeds the cash surrender value is taxed as a long-term capital gain.
Common wrong answer. If you picked the answer treating the entire $170,000 gain as a long-term capital gain, you fell for a very common trap. This choice is tempting because a life insurance policy held for many years feels like a typical capital asset, and the sale of most capital assets results in a capital gain. This simplified logic aligns with the tax treatment of stocks or real estate, making it an easy mental shortcut under exam pressure. However, the IRS views a life insurance policy as a hybrid instrument. The portion of the gain up to the cash surrender value ($20,000 in this case) represents the tax-deferred inside buildup, which is always taxed as ordinary income upon realization. Only the proceeds received in excess of the CSV qualify for more favorable long-term capital gain treatment. Therefore, it is critical to remember the two-step bifurcation process for life settlements.
Exam Watchouts & Statutory Boundaries

Common CFP® Certification Distractors on IRC § 2035

  • 1To remember who owns the policy under the two main split-dollar methods, use the mnemonic ICE:
  • 2Insured (the employee) owns the policy in a Collateral Assignment.
  • 3Employer owns the policy in an Endorsement Method.
  • 4This lesson covered three powerful, advanced life insurance strategies tested on the CFP® exam.
  • 5ILITs are the primary tool for providing estate liquidity and shielding death benefits from estate taxation, but proper setup is critical to avoid the three-year look-back rule.

Frequently Asked Questions: IRC § 2035

What is the core rule under IRC § 2035 (Advanced Life Insurance Strategies: ILITs, Life Settlements, and Split-Dollar)?

Under IRC § 2035 (CFP Board / IRS / SEC), advanced Life Insurance Strategies: ILITs, Life Settlements, and Split-Dollar establishes the authoritative rules tested on the CFP® Certification. Master the mechanics and tax implications of Irrevocable Life Insurance Trusts (ILITs), life and viatical settlements, and split-dollar arrangements to solve complex client estate and business succession needs, with a focus on avoiding common, verified against VoraPrep's CFP® Certification blueprint.

How is IRC § 2035 tested on the CFP® Certification?

To remember who owns the policy under the two main split-dollar methods, use the mnemonic ICE: Insured (the employee) owns the policy in a Collateral Assignment.

Where can I practice CFP® Certification questions on Advanced Life Insurance Strategies: ILITs, Life Settlements, and Split-Dollar?

Test yourself instantly with the free playable CFP® Certification question on this page, or launch VoraPrep's full CFP® Certification adaptive question bank, interactive lessons, and 1:1 exam simulator at voraprep.com/cfp.

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