By Kevin Luu, Co-Founder and Chief Learning Officer. Reviewed on 2026-09-30.
A term life insurance policy cannot be cashed out, because it has no cash value; when the term ends, the coverage simply stops. A permanent policy (whole life, universal life, variable universal life) can be cashed out in three ways: a partial withdrawal, a loan against the cash value, or a full surrender. Each one lowers the death benefit, and each has different tax treatment, so the order you use them in matters more than the amount.
For a two-income household in the Bay Area or Seattle with young kids, the real question is usually not “can I get the money” but “should this policy still exist, and if not, what is the cheapest way out.”
Which policies have cash you can take
| Policy type | Cash value? | What you can do |
|---|---|---|
| Term life (10, 20 or 30 year), including employer group term | No | Nothing to cash out. Some policies can be converted to permanent coverage before a deadline, and “return of premium” term refunds premiums only if you outlive the term. |
| Whole life | Yes, after surrender charges in the early years | Loan, surrender, or take dividends in cash (participating policies) |
| Universal or indexed universal life | Yes | Partial withdrawal, loan, or surrender |
| Variable universal life | Yes, invested in subaccounts | Partial withdrawal, loan, or surrender; value moves with the market |
If the policy you hold is the group term coverage from Apple, Amazon, Genentech or a hospital system, there is no cash to access. That coverage usually ends when you leave the job unless you convert or port it, which is a separate planning issue.
How each option is taxed
The federal rules come from Internal Revenue Code sections 72 and 7702A, and IRS Publication 525 summarizes them. The key number is your basis: roughly the total premiums you paid, minus any dividends or withdrawals already received tax-free.
Partial withdrawal
For a regular (non-MEC) policy, withdrawals generally come out basis first. You pay no income tax until you have taken out more than you put in; anything beyond basis is ordinary income. One exception: in the first 15 years, a withdrawal that also reduces the death benefit can be taxed gain first under IRC section 7702(f)(7), so ask the insurer before taking one. The death benefit drops, often dollar for dollar, and in universal life a withdrawal can raise the risk that the policy lapses later.
Policy loan
A loan is not taxable when you take it, because it is a debt, not a distribution. The insurer charges interest, and unpaid interest is added to the loan. If you die with the loan outstanding, the insurer subtracts it from the death benefit. The trap is a lapse or surrender with a large loan: the loan is then treated as paid out of the policy, and any amount over basis becomes taxable income in that year, even though you receive no cash.
Full surrender
You receive the cash surrender value (cash value minus any surrender charge and outstanding loans), and coverage ends. Under IRS Publication 525, the amount received above your cost in the policy is taxable as ordinary income, not capital gain. The insurer reports it on Form 1099-R.
Modified endowment contracts (MECs)
A policy funded faster than the “7-pay test” in IRC section 7702A allows becomes a MEC. Heavily funded policies sold as a savings vehicle to high earners are the ones most likely to cross this line. For a MEC, withdrawals and loans come out gain first, so they are taxable until all gain is out, and taxable amounts taken before age 59½ generally carry an additional 10% tax under IRC section 72(v). The death benefit itself stays income tax free.
Worked example: a $900,000 California household
Assumptions (illustrative): a married couple in San Mateo County, both W-2, $900,000 of taxable income for 2026, two children ages 4 and 7. In 2018 they bought a whole life policy with a $30,000 annual premium and have paid 8 years, so their basis is $240,000. The cash surrender value today is $255,000. They already carry enough term coverage through work and a private 20-year policy.
Option A: surrender. Taxable gain is $255,000 minus $240,000, or $15,000, taxed as ordinary income. At a 37% federal marginal rate for 2026 (married filing jointly, over $768,700) that is $5,550. At California’s 11.3% bracket (2025 schedule, $891,542 to $1,485,906 for joint filers) it adds about $1,695. They net roughly $247,750 and stop paying $30,000 a year. The 3.8% net investment income tax may also apply at this income (MAGI over $250,000 for joint filers): the Form 8960 instructions list gain from the disposition of a life insurance contract as investment income. If it does, add $570, for a net of about $247,185.
Option B: borrow instead. They take a $100,000 loan to fund a home renovation. No tax today. Now assume (illustratively) that no further premiums are paid, so their basis stays at $240,000, and the loan plus unpaid interest grows until it equals the $390,000 cash value and the policy lapses. They owe tax on $150,000 of income they never see as cash. Added to $900,000 of other income: federal at 37% is $55,500; California at 11.3% is about $16,950, plus the 1% Behavioral Health Services Tax on the $50,000 above $1,000,000 of taxable income, $500. Total: roughly $72,950, or about $78,650 if the 3.8% net investment income tax also applies ($5,700), due in April with no cash from the policy to pay it.
This is why many families compare a surrender, or basis-only withdrawals where the policy allows them, against a loan, unless they plan to keep the policy until death.
California versus Washington
In California, the taxable part of a surrender or lapse is taxed as ordinary income at your marginal rate, up to 13.3% (12.3% plus the 1% tax on taxable income over $1,000,000, 2025 schedule). California has no lower rate for gains of any kind.
In Washington, there is no individual income tax in 2026, so a surrender gain is taxed only federally. Washington’s 7% capital gains tax is built on long-term capital gains, and a life insurance surrender gain is ordinary income, so it generally falls outside it. From January 1, 2028, Washington’s new 9.9% income tax on AGI above $1,000,000 (SB 6346) may reach this income for high earners; the Department of Revenue has not yet published the income definition, so a planned surrender close to that date is worth timing with your CPA.
The decision this family actually has to make
- Is the coverage still needed? Many families at this income level need a large death benefit for 15 to 20 years, while the kids are young, and term covers that at a fraction of the cost.
- Is it a MEC? Ask the insurer in writing. The answer changes the tax order completely.
- What is the basis and the surrender charge schedule? Request an in-force illustration and a basis statement. Waiting one or two years can sometimes cut the surrender charge.
- Replace before you cancel. Put new term coverage in force first, so the children are never uninsured during underwriting.
- Consider a 1035 exchange. If you want to keep some permanent coverage or move the value to a low-cost annuity, an exchange can carry basis over without current tax.
Common mistakes
- Treating a policy loan as “free money” and ignoring the interest that compounds inside it.
- Surrendering in a high-income year (a large RSU vest or a job change) when the gain stacks on top of the highest brackets.
- Cancelling a policy before new coverage is approved.
- Assuming dividends or withdrawals are taxable when they are still within basis, or the reverse for a MEC.
- Forgetting that a policy owned by an irrevocable trust belongs to the trust, and the trustee, not the parents, decides.
What to write down for your kids
If you keep a permanent policy, write one page: why you bought it, who owns it, who the beneficiaries are, the MEC status, the loan balance, and what the policy is for (estate liquidity, a special-needs child, a business partner). If you cancel it, write down why. A child reading that page at 25 learns how you weighed cost against protection, which is worth more than the policy itself. Conversations fade. Documentation compounds.
Frequently asked questions
Can a term life policy be cashed in at the end of the term?
No. A standard term policy has no cash value, so nothing is paid if you outlive it. The exception is return-of-premium term, which refunds premiums paid if you survive the full term and keep paying. Those premiums are much higher, and the refund is typically not taxable because it does not exceed what you paid in.
How long does it take to get money from a whole life policy?
Insurers pay loans and surrenders after they receive a signed request form, and timing varies by company. Policies owned by a trust need the trustee’s signature, and some insurers require a notarized form for full surrenders. Ask the insurer for its current processing time before you plan around the money.
Does taking a loan reduce the death benefit?
Yes, while the loan is outstanding. The insurer subtracts the loan and any unpaid interest from the payout to your beneficiaries. If the loan grows until it exceeds the cash value, the policy can lapse, which ends coverage and can trigger taxable income on the gain in that year.
Next step
Pull your latest annual statement and ask the insurer three questions in writing: the current basis, the surrender value, and whether the policy is a MEC. With those three numbers, the choice between keeping, borrowing and surrendering is usually clear. Related reading: how to get out of a whole life policy, withdrawals from universal life, taking whole life dividends, and the case against infinite banking. For how insurance fits your estate plan, see our estate planning and tax management pages.
This is general education, and the right move depends on the family’s full picture.
Kevin has advised high-income W-2 tech and biotech families since 2015, and leads the education-first Age Five Family Office from Brea, California.
Connect on LinkedIn → · About KevinThis is part of how we approach Estate Planning for high-income W-2 families at Bright Advisers.
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