Title 26Internal Revenue CodeRelease 119-73

§1035 Certain exchanges of insurance policies

Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter O— - Gain or Loss on Disposition of Property › Part PART III— - COMMON NONTAXABLE EXCHANGES › § 1035

Last updated Apr 6, 2026|Official source

Summary

You don't have to report a gain or loss when you swap certain insurance contracts. That rule covers trades among life insurance, endowment, annuity, and qualified long-term care contracts — including same-for-same swaps and some swaps across those types. For endowment-to-endowment swaps, the new policy's regular payments must start no later than the old policy's start date. Endowment: a contract tied to life expectancy that might pay out in one lump sum. Annuity: like an endowment but pays in installments during life. Life insurance: like an endowment but not usually paid in full while the person is alive. A long-term care rider does not change a contract's type. Rules can limit this when the swap sends property to someone who is not a U.S. person, and rules about part swaps and the new cost basis follow section 1031(b), (c), and (d).

Full Legal Text

Title 26, §1035

Internal Revenue Code — Source: USLM XML via OLRC

(a)No gain or loss shall be recognized on the exchange of—
(1)a contract of life insurance for another contract of life insurance or for an endowment or annuity contract or for a qualified long-term care insurance contract;
(2)a contract of endowment insurance (A) for another contract of endowment insurance which provides for regular payments beginning at a date not later than the date payments would have begun under the contract exchanged, or (B) for an annuity contract, or (C) for a qualified long-term care insurance contract;
(3)an annuity contract for an annuity contract or for a qualified long-term care insurance contract; or
(4)a qualified long-term care insurance contract for a qualified long-term care insurance contract.
(b)For the purpose of this section—
(1)A contract of endowment insurance is a contract with an insurance company which depends in part on the life expectancy of the insured, but which may be payable in full in a single payment during his life.
(2)An annuity contract is a contract to which paragraph (1) applies but which may be payable during the life of the annuitant only in installments. For purposes of the preceding sentence, a contract shall not fail to be treated as an annuity contract solely because a qualified long-term care insurance contract is a part of or a rider on such contract.
(3)A contract of life insurance is a contract to which paragraph (1) applies but which is not ordinarily payable in full during the life of the insured. For purposes of the preceding sentence, a contract shall not fail to be treated as a life insurance contract solely because a qualified long-term care insurance contract is a part of or a rider on such contract.
(c)To the extent provided in regulations, subsection (a) shall not apply to any exchange having the effect of transferring property to any person other than a United States person.
(d)(1)For rules relating to recognition of gain or loss where an exchange is not solely in kind, see subsections (b) and (c) of section 1031.
(2)For rules relating to the basis of property acquired in an exchange described in subsection (a), see subsection (d) of section 1031.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Another section 1131(b) of Pub. L. 105–34 enacted section 684 of this title.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–141 struck out “or” after semicolon at end. 2006—Subsec. (a)(1). Pub. L. 109–280, § 844(b)(3)(A), which directed amendment by inserting “or for a qualified long-term care insurance contract” before semicolon “at the end”, was executed by making the insertion before “; or” to reflect the probable intent of Congress. Subsec. (a)(2). Pub. L. 109–280, § 844(b)(3)(B), which directed amendment by inserting “, or (C) for a qualified long-term care insurance contract” before semicolon “at the end”, was executed by making the insertion before “; or” to reflect the probable intent of Congress. Subsec. (a)(3). Pub. L. 109–280, § 844(b)(3)(C), inserted “or for a qualified long-term care insurance contract” after “annuity contract”. Subsec. (a)(4). Pub. L. 109–280, § 844(b)(4), added par. (4). Subsec. (b)(2). Pub. L. 109–280, § 844(b)(1), inserted at end “For purposes of the preceding sentence, a contract shall not fail to be treated as an annuity contract solely because a qualified long-term care insurance contract is a part of or a rider on such contract.” Subsec. (b)(3). Pub. L. 109–280, § 844(b)(2), inserted at end “For purposes of the preceding sentence, a contract shall not fail to be treated as a life insurance contract solely because a qualified long-term care insurance contract is a part of or a rider on such contract.” 1997—Subsecs. (c), (d). Pub. L. 105–34 added subsec. (c) and redesignated former subsec. (c) as (d). 1986—Subsec. (b)(1). Pub. L. 99–514 struck out “subject to tax under subchapter L” after “with an insurance company”. 1984—Subsec. (b)(1). Pub. L. 98–369, § 224(a), which directed the substitution of “an insurance company subject to tax under subchapter L” for “a life insurance company as defined in section 801”, was executed by making such substitution for “a life insurance company as defined in section 816” to reflect the probable intent of Congress and the earlier amendment by Pub. L. 98–369, § 211(b)(15), which substituted “as defined in section 816” for “as defined in section 801”. Pub. L. 98–369, § 211(b)(15), substituted “section 816” for “section 801”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–280 applicable to contracts issued after Dec. 31, 1996, but only with respect to taxable years beginning after Dec. 31, 2009, and to exchanges occurring after Dec. 31, 2009, see section 844(g)(1), (2) of Pub. L. 109–280, set out as a note under section 72 of this title.

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.

Effective Date

of 1984 AmendmentAmendment by section 211(b)(5) of Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, see section 215 of Pub. L. 98–369, set out as an

Effective Date

note under section 801 of this title. Pub. L. 98–369, div. A, title II, § 224(b),
July 18, 1984, 98 Stat. 776, provided that: “The amendment made by subsection (a) [amending this section] shall apply to all exchanges whether before, on, or after the date of the enactment of this Act [
July 18, 1984].” Plan

Amendments

Not Required Until January 1, 1989For provisions directing that if any

Amendments

made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 1035

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73