1035 Exchanges for Long-Term Care Insurance

Transform your existing life insurance or annuity into long-term care protection with peace of mind

Unlock Tax-Free Funding for Your Long-Term Care Needs

With nearly a 70% chance of needing long-term care External link icon., planning ahead is key to protecting your family and finances. A 1035 exchange offers a smart way to fund your long-term care insurance using existing policies you may already own.

A 1035 exchange allows you to transfer funds from an old life insurance policy or annuity directly into a hybrid long-term care insurance policy, completely tax-free. This IRS provision helps you repurpose underutilized insurance assets to ensure quality care for yourself while giving you the peace of mind that comes with proper long-term care planning.

Common 1035 Exchange Types:

  • Life Insurance to Life Insurance
  • Life Insurance to Annuity
  • Annuity to Annuity

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What is a 1035 exchange?

A 1035 exchange refers to Section 1035 of the Internal Revenue Code, which permits the tax-free transfer of one insurance policy to another of “like kind.” This powerful tool allows you to convert existing life insurance or non-qualified annuities into long-term care insurance without triggering immediate tax consequences.

Both traditional long-term care insurance and hybrid life insurance with long-term care benefits qualify for 1035 exchanges, giving you flexibility in choosing the right protection for your needs. So how can a 1035 exchange actually help you? Let’s explore the key benefits.

 

Benefits of a 1035 Exchange for LTC Insurance

A 1035 exchange offers a powerful way to repurpose existing life insurance or annuity values to fund long-term care coverage, all with valuable tax advantages and peace of mind for the future.

Tax and Cost Efficiency

  • Tax-Free Transfers: Avoid immediate taxation by preserving the tax-deferred status of gains in your current policy.
  • Eliminate Future Tax Liability: Qualified long-term care benefits are generally tax-free, which means taxable gains in your original policy can effectively disappear when used for care expenses.
  • No New Out-of-Pocket Premiums: Fund your coverage with existing policy values instead of writing new premium checks — improving cash flow and accessibility.

Family and Financial Protection

  • Asset Preservation: Shield retirement savings and other assets from the rising cost of long-term care.
  • Family Relief: Reduce the financial and emotional burden on loved ones who might otherwise have to provide or pay for care.
  • Quality Care Access: Ensure you have coverage that supports access to professional care and coordination services.

Simplified Planning

  • Leverage What You Already Own: Avoid starting from scratch. A 1035 exchange lets you convert existing coverage into a solution that aligns with your current needs.
  • Streamline Decision-Making: Reduce the complexity of choosing from dozens of new policies. This strategy helps cut through the noise and focus on what matters most.

 

1035 Exchange Rules and Scenarios

A 1035 exchange allows you to use an existing life insurance policy or annuity to fund long-term care coverage, without triggering taxes. To make the most of this strategy, it’s important to understand the rules, eligibility requirements, and when an exchange makes sense.

The sections below highlight what you need to know before moving forward.

Requirements & IRS Rules for 1035 Exchanges

IRS Requirements for a 1035 Exchange

A 1035 exchange must meet specific IRS rules to be processed tax-free. These include:

Ownership Requirements

  • The original policyholder must remain the same on the new policy
  • Joint ownership changes are not permitted (e.g., individual to joint ownership)
  • Beneficiary designations can typically be updated

Transfer Requirements

  • Funds must transfer directly between insurance companies
  • No constructive receipt of funds by the policyholder
  • Both full and partial exchanges are generally allowed

Tax Reporting

  • Exchanges within the same company may not require tax reporting if IRS criteria are met
  • Company-specific rules may apply and should be verified

Using Life Insurance for a 1035 Exchange

When to Exchange Life Insurance for LTC Coverage

You might consider a 1035 exchange from life insurance to long-term care coverage when:

  • Your life insurance needs have decreased
  • Long-term care protection is now a higher priority
  • You want to get more value from existing policy cash values
  • You’re seeking a tax-advantaged way to fund future care

This approach lets you shift the purpose of your policy to align with your current stage in life, without triggering taxes on accumulated gains.

Using an Annuity for a 1035 Exchange

When to Use an Annuity for Long-Term Care Coverage

Non-qualified annuities with tax-deferred growth are excellent candidates for 1035 exchanges. This strategy lets you:

  • Convert unused annuity gains into meaningful long-term care protection
  • Eliminate future tax liability on gains when used for qualified care expenses
  • Gain access to additional benefits, like care coordination and tailored support services

What to Know Before You Exchange

Key Considerations Before Using a 1035 Exchange

Before pursuing a 1035 exchange, keep these considerations in mind:

Health Qualification:
You must medically qualify for new long-term care coverage. A specialist can help assess your eligibility early on.

Coverage Comparison:
Ensure the new policy aligns with your care goals and offers sufficient protection.

Timing Strategy:
Consider applying while you’re still in good health. Family medical history and age can influence underwriting outcomes.

Get Professional Guidance for Your 1035 Exchange

With multiple factors to consider, from tax rules to health qualifications, working with a specialist can make all the difference. A qualified long-term care advisor can:

  • Review your existing policies for exchange potential
  • Compare coverage options based on your needs and budget
  • Guide you through the application and underwriting process
  • Coordinate a seamless, tax-free transfer between companies

Don’t let complexity hold you back. Expert guidance can simplify your choices and help you secure the right protection.

Put Your Policy Value to Work — Tax-Free

Ready to take the next step?

Use your existing policy to fund long-term care, with help from a licensed specialist.


SOURCES:
Internal Revenue Service (irs.gov), site accessed 07/22/2025.
Pension Protection Act of 2006 (investopedia.com), site accessed 07/22/2025.
Please note: 1035 exchanges are not accepted by all long-term care insurance policies or carriers.