Is Using Whole Life Insurance as a Business Expense for Buy-Sell Agreements Legal? Can I Pull Cash Out?
So my business partner and I were talking with this insurance guy who's been pushing HARD for us to get whole life insurance policies. He claims we can set it up as a buy-sell agreement for our landscaping business, write off all the premiums as business expenses, AND still be able to pull cash value out of the policy later down the road. The whole thing sounds too good to be true honestly. Like, we can expense the premiums to reduce our taxable income, but also somehow benefit personally by taking cash out? I'm no tax expert but that seems sketchy. We've been in business for about 4 years, making around $380k annually between the two of us. The premiums would be about $1,200 monthly per person which is a big chunk of change. Before I sign anything, I need to know - is this actually legal from a tax perspective? Can we really deduct the premiums AND pull cash out later? Or is this insurance guy just trying to make a big commission?
19 comments


Jamal Anderson
This is definitely a situation where you need to be careful. The IRS is pretty specific about business deductions and life insurance. Generally speaking, life insurance premiums for a legitimate buy-sell agreement CAN be a business expense, but there are strict rules. The purpose of these policies is to provide funds for the surviving partner to buy out the deceased partner's share of the business - not to be a tax-advantaged investment vehicle for you personally. If you're planning to take cash value out of the policy later, that complicates things significantly. The IRS may see this as evidence that the policy isn't primarily for business purposes, but rather for personal benefit, which could disqualify the premium deductions. This is especially true if the business is paying the premiums while you're personally benefiting from the cash value. I strongly suggest consulting with a tax professional who specializes in small business taxation, not just taking the insurance agent's word for it. Insurance salespeople often focus on commissions rather than the tax implications you might face.
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Mei Wong
•Thanks for the response. What if we structure it through our LLC where the LLC is the owner and beneficiary of the policies? Would that change anything tax-wise? The agent mentioned something about that being better.
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Jamal Anderson
•Having the LLC as owner and beneficiary of the policy is a different arrangement, but it doesn't automatically make everything tax-deductible. When the LLC owns the policy, the premiums might be deductible as a business expense if they serve a clear business purpose like funding a buy-sell agreement. The cash value component still creates issues though. If the intention is for you or your partner to access that cash value personally, you're creating a situation where business funds (through deducted premiums) are being used for personal benefit. The IRS generally doesn't allow that kind of arrangement. When you take money out of an LLC-owned policy for personal use, that's typically considered a distribution to you as an owner, which has its own tax implications.
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QuantumQuasar
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Liam McGuire
•Did it actually look at your specific policy documents or just give general advice? I've tried other "AI tax tools" that just spit out generic information I could find on Google.
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Amara Eze
•I'm skeptical about these AI tools. How does it know all the recent tax code changes around business insurance? My accountant says the rules around corporate-owned life policies changed recently.
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QuantumQuasar
•It analyzed my actual policy documents and buy-sell agreement, highlighting specific clauses that were problematic and explaining exactly why. It wasn't generic advice at all - it found issues specific to how our agreement was worded that I never would have caught. The platform stays current with tax code changes - it specifically referenced the recent changes to corporate-owned life insurance reporting requirements under IRC Section 101(j) and the notification/consent requirements. It explained how those changes affected our specific situation based on the language in our documents.
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Amara Eze
I was one of the skeptics who questioned whether taxr.ai could really help with business life insurance tax questions. Well, I tried it with our company's key person life insurance policy documentation, and I'm genuinely impressed. The system identified specific problematic language in our policy that would have jeopardized our tax deductions. What convinced me was how it highlighted the exact parts of our buy-sell agreement that created tax issues - including some requirements I didn't know about regarding "insurable interest" documentation. It even generated customized language for our attorney to review that would make our agreement compliant while still allowing some flexibility with cash value. Most importantly, it showed us how to properly document everything so we'd be protected in case of an audit. Completely changed our approach.
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Giovanni Greco
After spending 3 DAYS trying to get through to the IRS business tax line to ask about deducting life insurance premiums, I finally tried https://claimyr.com and got connected to an actual IRS agent in 15 minutes! You can see exactly how it works here: https://youtu.be/_kiP6q8DX5c I was desperate because we were about to sign business life insurance policies, but our accountant and insurance agent gave conflicting info about deductibility. When I finally got through to the IRS, the agent explained the exact requirements for making our buy-sell insurance arrangement tax-compliant. They walked me through how the business entity structure affects deductibility, and the documentation we need to maintain. Turns out our LLC needs to follow some specific reporting requirements since we're planning to use the policy for buy-sell funding.
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Fatima Al-Farsi
•How does Claimyr actually work? Do they somehow have a special line to the IRS or something? I've been on hold for literally hours trying to get through.
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Dylan Wright
•Yeah right. I don't believe anyone can get through to the IRS in 15 minutes. Their hold times are legendary. This sounds like a scam that just takes your money and puts you on hold like everyone else.
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Giovanni Greco
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Dylan Wright
I need to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it anyway because I was desperate for answers about my business life insurance situation. I couldn't believe it when I got connected to an IRS business tax specialist in about 20 minutes. The agent was able to clarify exactly how life insurance in a buy-sell agreement should be structured to be compliant. They explained that while premiums aren't typically deductible as business expenses, they can be part of a legitimate business arrangement when properly documented. The agent even sent me follow-up information about the reporting requirements for business-owned life insurance under IRC Section 6039I. This saved me from potentially making a $20K mistake with our policy structure. Getting actual IRS confirmation on this complex issue was worth every penny.
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Sofia Torres
Former insurance agent here. What your agent is suggesting sounds like a modified "split-dollar" arrangement, and you need to be EXTREMELY careful. These can be legitimate when structured properly, but they're also frequently misrepresented. The issue is that the IRS requires a clear separation between business expenses and personal benefits. If you deduct premiums as a business expense, but then personally benefit from the cash value, you're potentially creating a taxable event or even committing tax fraud. Legitimate buy-sell funding is about protecting the business in case one owner dies, not creating a tax-advantaged cash fund for the owners. The red flag in your scenario is the agent focusing on the cash value component while claiming business deductibility. Also, $1,200 monthly per person seems VERY high unless you're older or have health issues. Get a second opinion from a fee-only financial advisor who doesn't earn commissions.
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Zoe Alexopoulos
•Thanks for the insight from the insurance side. We're 42 and 45, no major health issues. The agent did mention "split-dollar" but glossed over it when I asked for more details. Said something about "not needing to worry about the technical stuff." That should've been a red flag right there. Would term insurance make more sense for a straightforward buy-sell agreement? The cash value part seemed appealing but sounds like it creates more problems than it solves.
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Sofia Torres
•Term insurance is absolutely the more straightforward approach for most buy-sell agreements. It provides the death benefit needed to fund the buyout if a partner dies, without the cash value complications that can trigger IRS scrutiny. Most legitimate business advisors recommend term for buy-sell funding precisely because it's clearly focused on business continuation rather than personal investment. For a straightforward buy-sell at your ages, term would likely cost a fraction of what you've been quoted - perhaps $200-300 monthly per person rather than $1,200, depending on coverage amounts. That's a huge cost savings for your business, and the tax treatment is much clearer since there's no cash accumulation component that could be construed as a personal benefit.
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GalacticGuardian
Has anyone here actually implemented a whole life policy for business purposes that was fully compliant with IRS rules? I'm getting conflicting information from every professional I talk to.
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Dmitry Smirnov
•We have a whole life policy for our 3-person partnership, but we don't deduct the premiums as business expenses. The business pays the premiums (which is technically additional compensation to us), and we each pay taxes on our portion. It's not tax-deductible, but it does accomplish our business continuation goals while building cash value. Our CPA was very clear that we couldn't deduct the premiums AND get personal benefit from cash value - had to choose one approach.
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LordCommander
I went through this exact same situation with my partner in our consulting firm last year. The insurance agent was pushing the same "deduct premiums AND get cash value" pitch, and it sounded way too good to be true. After consulting with a tax attorney who specializes in business structures, here's what I learned: You basically have to pick one benefit or the other. Either the business pays premiums and treats it as compensation to you (taxable to you personally), OR you structure it as a legitimate business expense with strict limitations on accessing cash value. We ended up going with term life for the buy-sell agreement (much cheaper) and separate whole life policies we pay for personally if we wanted cash value accumulation. The term policy serves the business purpose cleanly, and our personal policies avoid any IRS complications around mixing business deductions with personal benefits. The $1,200 monthly premium also seems really high for your ages and business size. We got comparable coverage for about $400/month total for both of us with term. I'd definitely get quotes from other agents before committing to anything.
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