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                                                                                                      Department of the Treasury
                                                                                                      Internal Revenue Service
Instructions for Form 

1099-LTC

(Rev. October 2019)
Long-Term Care and Accelerated Death Benefits

Future Developments                                                   Viatical Settlement Providers
For the latest information about developments related to Form         A viatical settlement provider is any person who:
1099-LTC and its instructions, such as legislation enacted after      1. Is regularly engaged in the trade or business of 
they were published, go to IRS.gov/Form1099LTC.                       purchasing or taking assignments of life insurance contracts on 
                                                                      the lives of terminally or chronically ill individuals, and
Reminders                                                             2. Is licensed in the state where the insured lives. If licensing 
In addition to these specific instructions, you should also use the   is not required in the state, the provider must meet other 
current General Instructions for Certain Information Returns.         requirements (including those below) depending on whether the 
Those general instructions include information about the              insured is terminally or chronically ill.
following topics.
Who must file.                                                      a. If the insured is terminally ill, the provider must meet the 
When and where to file.                                             requirements of sections 8 and 9 of the Viatical Settlements 
Electronic reporting.                                               Model Act of the National Association of Insurance 
Corrected and void returns.                                         Commissioners (NAIC), relating to disclosure and general rules. 
Statements to recipients.                                           The provider must also meet the requirements of the Model 
Taxpayer identification numbers (TINs).                             Regulations of the NAIC for evaluating the reasonableness of 
Backup withholding.                                                 amounts paid in viatical settlement transactions with terminally ill 
Penalties.                                                          individuals.
Other general topics.                                               b. If the insured is chronically ill, the provider must meet 
                                                                      requirements similar to those of sections 8 and 9 of the Viatical 
  You can get the General Instructions for Certain Information        Settlements Model Act of the NAIC and must also meet any 
Returns at IRS.gov/Form1099GeneralInstructions or go to               standards of the NAIC for evaluating the reasonableness of 
IRS.gov/Form1099LTC.                                                  amounts paid in viatical settlement transactions with chronically 
Continuous-use form and instructions.     Form 1099-LTC and           ill individuals.
these instructions have been converted from an annual revision                However, if a state enacts a licensing requirement but 
to continuous use. Both the form and instructions will be updated     !       does not permit viatical settlement providers to engage 
as needed. For the most recent version, go to IRS.gov/                CAUTION in business until the licenses are granted, the provider 
Form1099LTC                                                           will not be considered as licensed under section 101(g)(2)(B)(i)
Online fillable form.  Due to the very low volume of paper            (I). See Rev. Rul. 2002-82, which is on page 978 of Internal 
Forms 1099-LTC received and processed by the IRS each year,           Revenue Bulletin 2002-51 at IRS.gov/pub/irs-irbs/irb02-51.pdf.
this form is available in an online fillable format. You may fill out 
the form, found online at IRS.gov/Form1099LTC, and send Copy 
B to the recipient. For filing with the IRS, follow the applicable    Qualified Long-Term Care Insurance Contract
procedures for filing electronically, or, for this form only, if you  A contract issued after 1996 is a qualified long-term care 
are qualified to file on paper, send in the black-and-white Copy A    insurance contract if it meets the requirements of section 7702B, 
with Form 1096 that you print from the IRS website.                   including the requirement that the insured must be a chronically 
                                                                      ill individual (see Chronically Ill Individual, later). A contract 
                                                                      issued before 1997 generally is treated as a qualified long-term 
Specific Instructions                                                 care insurance contract if it met state law requirements for 
File Form 1099-LTC if you paid any long-term care benefits.           long-term care insurance contracts and it has not been 
                                                                      materially changed.
Long-Term Care Benefits
“Long-term care benefits” means:                                      Accelerated Death Benefits
  1. Any payments made under a product that is advertised,            An accelerated death benefit is any amount paid under a life 
marketed, or offered as long-term care insurance (whether             insurance contract for an insured individual who is terminally or 
qualified or not); and                                                chronically ill. It also includes any amount paid by a viatical 
  2. Accelerated death benefits (excludable in whole or in part       settlement provider for the sale or assignment of a death benefit 
from gross income under section 101(g)) paid under a life             under a life insurance contract for a chronically or terminally ill 
insurance contract or paid by a viatical settlement provider.         individual.

Who Must File                                                         Chronically Ill Individual
Payers of long-term care benefits who must file Form 1099-LTC         A chronically ill individual is someone who has been certified (at 
include insurance companies, governmental units, and viatical         least annually) by a licensed health care practitioner as:
settlement providers.                                                 1. Being unable to perform, without substantial assistance 
                                                                      from another individual, at least two daily living activities (eating, 

Oct 24, 2019                                                Cat. No. 27981Y



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toileting, transferring, bathing, dressing, and continence) for at       Truncating recipient’s TIN on payee statements.        Pursuant 
least 90 days due to a loss of functional capacity; or                   to Regulations section 301.6109-4, all filers of this form may 
2. Requiring substantial supervision to protect the individual           truncate a recipient’s TIN (social security number (SSN), 
from threats to health and safety due to severe cognitive                individual taxpayer identification number (ITIN), adoption 
impairment.                                                              taxpayer identification number (ATIN), or employer identification 
                                                                         number (EIN)) on payee statements. Truncation is not allowed 
Terminally Ill Individual                                                on any documents the filer files with the IRS. A payer's TIN may 
                                                                         not be truncated on any form. See part J in the current General 
A terminally ill individual is someone who has been certified by a       Instructions for Certain Information Returns.
physician as having an illness or physical condition that can 
reasonably be expected to result in death in 24 months or less           Account Number
after the date of certification.                                         The account number is required if you have multiple accounts for 
                                                                         a recipient for whom you are filing more than one Form 
Reporting                                                                1099-LTC. Additionally, the IRS encourages you to designate an 
Report payments only if the policyholder is an individual.               account number for all Forms 1099-LTC that you file. See part L 
Reportable payments are those made to the policyholder, to the           in the current General Instructions for Certain Information 
insured, or to a third party.                                            Returns.
You may report benefits paid from each contract on a 
separate Form 1099-LTC. At your option, you may aggregate                Box 1. Gross Long-Term Care Benefits Paid
benefits paid under multiple contracts on one Form 1099-LTC if           Enter the gross long-term care benefits paid this year (other than 
the same information is reportable on the form for each contract         accelerated death benefits). These benefits are all amounts paid 
(other than the amount of benefits paid).                                out on a per diem or other periodic basis or on a reimbursed 
                                                                         basis. It includes amounts paid to the insured, to the 
Policyholder                                                             policyholder, and to third parties. You are not required to 
                                                                         determine whether any benefits are taxable or nontaxable.
The policyholder is the individual who owns the contract, 
including the owner of a contract sold or assigned to a viatical         Box 2. Accelerated Death Benefits Paid
settlement provider. In the case of a group contract, the term 
“policyholder” includes the certificate holder (or similar               Enter the gross accelerated death benefits paid under a life 
participant). You must report long-term care benefits to the             insurance contract this year to or on behalf of an insured who 
policyholder even if the payments were made to the insured or to         has been certified as terminally or chronically ill. Include the 
a third party (for example, a nursing home, caretaker, or                amount paid by a viatical settlement provider for the sale or 
physician). The policyholder may also be the insured.                    assignment of the insured's death benefit under a life insurance 
                                                                         contract.
Enter the name, address, and TIN of the policyholder on 
Form 1099-LTC. If the policyholder is not an individual, no              Box 3. Check if Per Diem or Reimbursed 
reporting is required.                                                   Amount
                                                                         Check a box to indicate whether the payments were made on a 
Insured                                                                  per diem or other periodic basis or on a reimbursed basis. For 
The insured is the chronically or terminally ill individual on whose     accelerated death benefits, do not check a box if you made 
behalf long-term care benefits are paid.                                 payments on behalf of a terminally ill person. “Per diem basis” 
                                                                         means payments made on any periodic basis without regard to 
Enter the name, address, and TIN of the insured on Form                  actual expenses. “Reimbursed basis” means payments made for 
1099-LTC.                                                                actual expenses incurred.

                                                                         Box 4. Qualified Contract (Optional)
Statement to Policyholder and Insured
                                                                         Check the box to indicate whether long-term care insurance 
If you are required to file Form 1099-LTC, you must furnish a            benefits are paid from a qualified long-term care insurance 
statement or acceptable substitute to both the policyholder and          contract. See Qualified Long-Term Care Insurance Contract, 
to the insured as shown.                                                 earlier.

IF the statement is for the ...      THEN use...                         Box 5. Check if Chronically Ill or Terminally Ill 
Policyholder                         Copy B                              (Optional)
                                                                         Check the box to indicate whether the insured was chronically or 
Insured                              Copy C                              terminally ill. Also, enter the latest date certified. If the insured 
Policyholder and the policyholder is Copy B (Copy C is optional)         was neither chronically nor terminally ill, leave this box blank. 
the insured                                                              See Chronically Ill Individual and Terminally Ill Individual, earlier.

For more information about the requirement to furnish a 
statement to the policyholder and to the insured, see part M in 
the current General Instructions for Certain Information Returns.

                                                                     -2-               Instructions for Form 1099-LTC (Rev. 10-2019)






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