26 U.S.C. § 1035 — Certain exchanges of insurance policies

(a) General rules No gain or loss must 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 by 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) Definitions to this section— (1) Endowment contract 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) Annuity contract 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 must 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 that contract. (3) Life insurance contract 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 must 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 that contract. (c) Exchanges involving foreign persons To the extent provided in regulations, subsection (a) must not apply to any exchange having the effect of transferring property to any person other than a United States person. (d) Cross references (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.