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Tax Treatment
24 questionsIRC §101(a) excludes amounts paid by reason of the insured's death from the beneficiary's gross income. Interest credited after the date of death on installment payouts is the only piece that becomes taxable.
IRC §101(a)Under IRC §7702A, a contract becomes a MEC if cumulative premiums paid in any of the first seven contract years exceed the seven-pay premium limit. The corridor and CVAT/GPT tests instead determine whether a contract qualifies as life insurance under §7702.
IRC §7702AIRC §72(e)(5) gives non-MEC life insurance FIFO ordering: the owner first recovers premiums paid (basis) tax-free, and only amounts above basis are taxed as ordinary income. MEC contracts use the opposite LIFO ordering.
IRC §72(e)(5)MEC distributions follow LIFO, so the first $4,000 (the gain) comes out as ordinary income while the remaining $6,000 is a tax-free return of basis. Because the owner is under 59½, IRC §72(v) imposes an additional 10% tax on the $4,000 taxable portion.
IRC §72(v)Section 1035 permits life-to-life, life-to-annuity, annuity-to-annuity, and (since the PPA of 2006) either contract into qualified LTC. Annuity-to-life is the one direction that is NOT allowed, because it would convert tax-deferred annuity gain into income-tax-free death proceeds.
IRC §1035(a)IRC §72(e)(2) applies LIFO treatment to post-1982 deferred annuity withdrawals: gain comes out first as ordinary income, and only after the gain is exhausted does the owner recover basis tax-free. Annuitized payments use the §72(b) exclusion ratio instead.
IRC §72(e)(2)IRC §79 excludes the cost of the first $50,000 of employer-paid group term life coverage from the employee's gross income. The cost of coverage above $50,000 is imputed to the employee using IRS Table I rates.
IRC §79Under IRC §105(a), when the employer pays the disability premium tax-free to the employee, the benefits the employee later receives are fully includible in gross income. The employee-pay rule under §104(a)(3) (tax-free benefits) only applies when the employee funds the premium with after-tax dollars.
IRC §105(a)Under IRC §72(b), the exclusion ratio divides each annuity payment into a non-taxable return of the owner's investment in the contract and a taxable interest component. Once the owner has recovered the full investment, subsequent payments become entirely taxable.
IRC §72(b)Under IRC §2042 the death proceeds are included in the insured's gross estate whenever the insured holds any incidents of ownership. Transferring ownership to an ILIT (and avoiding the §2035 three-year look-back) is the standard estate-planning technique to remove the policy from the gross estate. Naming a spouse defers but does not avoid estate inclusion; how premiums are paid does not change §2042 inclusion.
IRC §2042An HSA under IRC §223 provides the well-known triple tax advantage: deductible (or pre-tax) contributions, tax-deferred growth inside the account, and tax-free distributions when used for qualified medical expenses. Non-qualified withdrawals are taxable as ordinary income plus a 20% penalty if taken before age 65.
IRC §223The transfer-for-value rule under IRC §101(a)(2) taints the §101(a) exclusion when a policy is transferred for valuable consideration to a non-exempt party. The new owner's basis is the consideration paid plus subsequent premiums ($40,000 + $25,000 = $65,000). The death benefit above that basis ($500,000 − $65,000 = $435,000) is ordinary income.
IRC §101(a)(2)A loan from a non-MEC life insurance policy is not a distribution and is not taxable while the contract stays in force. If the policy lapses or is surrendered with the loan outstanding, the unpaid loan is treated as a deemed distribution and any gain above the owner's basis becomes ordinary income.
IRC §72(e)Under IRC §7702B, benefits from a tax-qualified LTC policy are excluded from gross income up to the indexed per-diem limit (set annually by the IRS) or the actual cost of qualified LTC services, whichever is greater. Reimbursement-style benefits paid for actual expenses are fully excluded; per-diem benefits are excluded up to the daily cap.
IRC §7702BThe MEC label under IRC §7702A changes the lifetime tax treatment only. Distributions during the insured's life are taxed LIFO (gain first as ordinary income), with a 10% additional tax under §72(v) if taken before age 59½. The death benefit paid because of the insured's death remains excluded from the beneficiary's gross income under §101(a).
IRC §101(a) and §7702AUnder IRC §1035, a policyowner can exchange a life insurance policy for an annuity (or annuity-to-annuity, or life-to-life) without recognizing the gain at the time of exchange, provided the contracts are owned by the same person and the transfer goes directly from one insurer to another (a '1035 exchange'). Cost basis carries over to the new contract. Option A would apply only if the policyowner SURRENDERED the policy and used the proceeds to buy the annuity (a constructive receipt) — not a §1035 direct transfer. Option C is reversed — a life policy CAN exchange to an annuity (one-way only; you cannot exchange an annuity back to a life policy). Option D conflates the §72(q) 10% penalty, which applies to taxable annuity withdrawals before 59½, not to a properly executed §1035 exchange.
IRC §1035A Modified Endowment Contract under IRC §7702A is still a life insurance contract — the death benefit remains income-tax-free to the beneficiary under IRC §101(a). However, all living distributions (policy loans, partial withdrawals, collateral assignments) are taxed on a LIFO (last-in, first-out) basis: gain comes out first as ordinary income, and a 10% additional tax applies before age 59½ under IRC §72(v). Option A is incorrect — the death benefit retains its income-tax-free treatment. Option B is wrong — life insurance premiums are never deductible by an individual policyowner. Option D conflates §7702A (MEC rules) with §7702 (definition of life insurance) — a MEC remains life insurance for §7702 purposes; only the living-benefit taxation changes.
IRC §7702AUnder IRC §264(a)(1) and Treasury Regulation §1.264-1, no income-tax deduction is allowed for premiums on a life insurance contract when the taxpayer paying the premium is directly or indirectly a beneficiary. Because the business here is both policyowner and beneficiary (a key-person policy), the premium is non-deductible — but in exchange the death benefit is generally received income-tax-free under IRC §101. Option B confuses this with employer-paid group term where the EMPLOYEE is the insured AND the beneficiary is the employee's family (then deductible). Option C describes the EMPLOYEE's §79 $50,000 exclusion from imputed income, not employer deductibility. Option D is fabricated — convertibility has no impact on deductibility.
IRC §162(a) and Treas. Reg. §1.264-1Under IRC §72(e), a surrender of a non-MEC life insurance policy uses cost-recovery treatment: the policyowner first recovers her cost basis (total premiums paid, less prior dividends taken in cash and less any nontaxable distributions), and only the excess over basis is taxable. Here basis is $30,000 and cash received is $48,000, so $18,000 is taxable. That gain is taxed as ORDINARY INCOME (option C is wrong — life insurance inside-buildup is never capital gain). Option A ignores basis recovery. Option D ignores the $18,000 gain. This is the standard 'cost-recovery first' rule that distinguishes non-MEC life insurance from MECs (which are taxed LIFO/gain-first under §72(e)(10)).
IRC §72 (cost basis recovery)A qualified plan under IRC §401(a), §401(k), §403(b), or §457 receives 'front-end' tax favor: contributions go in pre-tax (deductible or excluded from W-2 income), grow tax-deferred, and are taxed in full on distribution because no basis was created. A non-qualified annuity is funded with AFTER-TAX dollars — contributions are not deductible — but earnings grow tax-deferred, and only the gain portion of distributions is taxed (cost-recovery via the exclusion ratio at annuitization, or LIFO for non-annuitized withdrawals under §72(e)). Option A is wrong — non-qualified annuity premiums are never deductible. Option B is wrong — qualified plans require RMDs at age 73 under §401(a)(9). Option C is reversed — qualified withdrawals are taxable, not tax-free.
IRC §401(k) and IRC §408Under IRC §101(j), enacted by the Pension Protection Act of 2006, employer-owned life insurance issued after August 17, 2006 is subject to special rules. To preserve the full income-tax exclusion of the death benefit, the employer must (1) provide written notice to the employee of the insurance and the maximum face amount, (2) obtain written consent before issuance, and (3) meet one of the §101(j)(2) exceptions (e.g., insured was a director or highly compensated employee, or died within 12 months of separation). If these 'notice and consent' rules are NOT met, only the amount equal to premiums paid is tax-free — the gain (death benefit minus premiums) is taxable as ordinary income. Option A ignores §101(j). Option B confiscates basis. Option D applies to employee-level §79 imputed-income exclusion, not corporate death benefits.
IRC §101(a) and §101(j)Under IRC §101(a)(1), life insurance death benefits are generally received income-tax-free by the beneficiary. However, IRC §101(a)(2) — the TRANSFER-FOR-VALUE rule — carves out an exception: when a life policy is transferred FOR VALUABLE CONSIDERATION, the income-tax exclusion is largely lost. The transferee may exclude only an amount equal to the consideration paid plus any subsequent premiums; the excess death benefit is taxable as ordinary income. Five SAFE-HARBOR exceptions preserve the full exclusion: transfer to the insured, to a partner of the insured, to a partnership in which the insured is a partner, to a corporation in which the insured is an officer or shareholder, or a transfer with a carryover basis (e.g., gift). Here, the unrelated third-party buyer fits no exception, so the §101(a)(2) rule applies. Options A, B, and D misstate the rule.
IRC §101(a)(2) (transfer-for-value rule)Under IRC §79, the cost of EMPLOYER-PROVIDED group term life insurance is excluded from the employee's gross income only up to the FIRST $50,000 of coverage. For coverage in excess of $50,000, the IRS calculates the cost using Uniform Premium Table I (an age-based monthly rate per $1,000 of excess coverage), reduces it by any after-tax employee contributions, and adds the net amount to the employee's W-2 wages as IMPUTED INCOME (subject to income tax and FICA but generally not federal unemployment tax). For a $200,000 policy, $150,000 of excess coverage generates imputed income each year based on the employee's age. Option A overstates by taxing the face amount itself. Option B ignores the $50,000 cap. Option C is reversed. This is one of the most frequently tested taxation rules.
IRC §79 (group term life imputed income / Table I)A ROTH IRA under IRC §408A is funded with AFTER-TAX dollars (no current deduction) and offers tax-free 'qualified' distributions if two conditions are met: (1) the 5-TAXABLE-YEAR holding period beginning with the first Roth contribution (or conversion) has been satisfied AND (2) the distribution is made on or after the owner reaches age 59½, the owner's death, the owner's disability, or for a first-time-homebuyer purchase (up to a $10,000 lifetime cap). Qualified distributions are entirely income-tax-free and exempt from the 10% early-distribution penalty. Original ROTH IRAs are NOT subject to lifetime required minimum distributions (RMDs) for the owner. Option A is wrong; Roth contributions are not deductible. Option C ignores the qualified-distribution rules. Option D is wrong; SECURE 2.0 confirmed that Roth IRA owners face no lifetime RMDs (though beneficiaries do).
IRC §408A (Roth IRA contribution limits and 5-year rule)Last reviewed: · editorial process
What's on the California Life & Accident-Health Agent License?
The California Life & Accident-Health Agent License is administered by the California Department of Insurance (CDI). Topic weights below come directly from the official exam blueprint — focus your study on the highest-weighted areas first.
Topic blueprint
- 20%California Insurance Code & Ethics
- 15%Life Insurance Fundamentals
- 15%Life Policy Provisions
- 10%Accident & Health Fundamentals
- 10%A&H Policy Provisions
- 10%General Insurance Principles
- 10%Group Life & Annuities
- 5%Disability & Long-Term Care
- 3%Medicare & Senior Insurance
- 2%Tax Treatment
How hard is the exam?
Difficult. The California Life & Accident-Health exam is 150 questions over 3 hours at PSI, 60% to pass. Heavy on California Insurance Code (CIC) and IRC tax rules. Available in EN/ES/VI/ZH/KO under AB-451.
- Recommended study hours
- 100-150 hours over 6-10 weeks (only the 12-hour ethics course is required for prelicensing — AB 943, 2026)
- First-attempt pass rate
- Approximately 55-65% first-attempt pass rate. The 60% passing threshold makes margin-for-error thin compared to other CA exams.
- Where to focus first
- California Insurance Code (CIC) and Life Insurance Provisions — together about 35% of exam content; expect specific code section citations in distractors.
Figures (pass rates, fees, salaries) are approximate and can change — always verify with the official testing body or licensing board before you rely on them.
Frequently asked questions
How many California Life & Accident-Health insurance practice questions?+
235 original practice questions covering all 10 topics of the California Department of Insurance Life & A&H Agent license exam.
Is the Life & A&H practice test free?+
Yes, completely free. No signup, no credit card. Unlimited practice rounds and a 150-question timed mock exam included.
Are these real CDI exam questions?+
No. All questions are original prose authored from the California Insurance Code, Title 10 CCR, Civil Code, and standard ISO insurance contract concepts. We never copy from real CDI exams or providers like ExamFX, Kaplan, or AD Banker.
What's the passing score for the California Life & A&H exam?+
60% with sectional cuts. The real CDI exam is approximately 150 multiple-choice questions over 3 hours at a PSI testing center.
Is the California insurance license exam offered in Chinese or Vietnamese?+
Yes — AB 451 (2018) legally requires CDI to offer producer license exams in English, Spanish, Vietnamese, Chinese (Mandarin), and Korean.
What does the Life & A&H license let me sell?+
Life insurance, annuities, accident insurance, health insurance, disability insurance, and long-term care (LTC) insurance — all to California residents.
How long is the California insurance license valid?+
2 years. Renewal requires 24 hours of continuing education (3 of which must be ethics) per renewal cycle.