Legal Question in Tax Law in North Carolina
do i have to pay inheritance taxes on burial insurance?
My aunt died & had no children , put me and my sister on her life insurance to use a burial, we signed the money over to the funeral home and the veterans life made the check out to the funeral home. we have proved this the funeral home is also trying to help me on this. the department of revenue is saying we have to pay taxes on the money that the funeral home received. this aunt died in july 1998. the lady that handles and deals with insurances through the funeral homes says burial insurance is tax dedudible is this right or do i have to pay taxes on burial insurance?? thank you
09-13-99
2 Answers from Attorneys
Re: do i have to pay inheritance taxes on burial insurance?
I'm NOT an expert in NC law..but it seems to me that burial insur. proceeds should not be subject to taxation on the Fed. or NC tax return. (I.E., no income tax on the insur. proceeds you received.) Just my educated guess....
Re: do i have to pay inheritance taxes on burial insurance?
I cannot speak for your state specifically without
a little bit of research, but ...
a) There is no federal income tax on proceeds of a
life insurance policy; if the beneficiaries don't
collect the proceeds quickly enough after the death,
and that money is invested temporarily by the insurance
company until they distribute it, the interest
actually earned for the beneficiaries is taxable to them
as of course it should be. But that's pretty short
money.
b) On federal estate taxes (death taxes, so to speak),
reasonable funeral and burial (as determined,
theoretically, by state law, but that's a tiny
technicality) ARE deductible. However, unless your
aunt was worth several hundreds of thousands of
dollars -- let's say, over half a million dollars
(assuming she hadn't already given away some great
portion of that amount during life), there probably
aren't any estate taxes to pay, federally, either.
(This is obviously so if she bought insurance to cover
funeral expenses; she didn't have anything else to
speak of.)
No state tax would apply if she were a Mass. resident, nor,
probably, in most states, but in NC, ... you'll need local
tax advice. Try an accountant!