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Tax Treatment

24 questions

1. How is a lump-sum life insurance death benefit paid to a named individual beneficiary treated for federal income tax purposes?

a.Generally excluded from the beneficiary's gross income
b.Taxed as long-term capital gain
c.Taxed as ordinary income to the extent it exceeds premiums paid
d.Subject to a 10% additional tax if the beneficiary is under 59½

IRC §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)

2. What test determines whether a permanent life insurance policy is classified as a Modified Endowment Contract (MEC)?

a.The corridor test
b.The cash value accumulation test
c.The seven-pay test
d.The guideline premium test

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 §7702A

3. How is a partial withdrawal from a non-MEC permanent life insurance policy taxed?

a.Gain comes out first as ordinary income (LIFO)
b.Basis comes out first tax-free (FIFO), then gain as ordinary income
c.The entire withdrawal is income-tax-free up to the cash value
d.The withdrawal is treated as long-term capital gain

IRC §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)

4. An owner age 50 takes a $10,000 distribution from a Modified Endowment Contract that has $4,000 of gain over basis. What federal tax result generally applies?

a.$0 taxable; no penalty because life insurance is exempt
b.$10,000 taxable as ordinary income; no penalty
c.$4,000 taxable as ordinary income; no penalty because the owner is under 65
d.$4,000 taxable as ordinary income plus a 10% additional tax on the $4,000

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)

5. Which of the following transactions is NOT permitted as a tax-free exchange under IRC §1035?

a.Life insurance policy exchanged for an annuity contract
b.Annuity contract exchanged for a life insurance policy
c.Annuity contract exchanged for another annuity contract
d.Life insurance policy exchanged for a qualified long-term care contract

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)

6. How is a non-annuitized withdrawal from a non-qualified deferred annuity issued after August 13, 1982 taxed?

a.Pro-rata between basis and gain
b.Entirely as tax-free return of basis until basis is exhausted
c.Entirely as ordinary income until all gain is withdrawn, then as tax-free basis
d.Entirely as long-term capital gain

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)

7. Under IRC §79, how much employer-paid group term life insurance coverage may an employee receive each year without imputed income?

a.Up to $50,000 of coverage
b.Up to $100,000 of coverage
c.Unlimited coverage if the plan is non-discriminatory
d.There is no exclusion; all employer-paid coverage is imputed income

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 §79

8. An employer pays 100% of the premium for an employee's group long-term disability insurance and does not include the premium in the employee's wages. If the employee later becomes disabled and receives monthly benefits, how are those benefits taxed?

a.Fully excluded from the employee's gross income
b.Fully includible in the employee's gross income as ordinary income
c.Taxable only to the extent benefits exceed the employee's prior wages
d.Treated as a tax-free return of premium up to the premiums the employer paid

Under 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)

9. When a non-qualified annuity contract is annuitized, the exclusion ratio is used to:

a.Determine whether the contract qualifies as life insurance
b.Compute the 10% early-withdrawal penalty
c.Allocate premium between the cost basis and the death benefit
d.Split each periodic payment between a tax-free return of basis and a taxable interest portion

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)

10. Which of the following BEST keeps a life insurance death benefit out of the insured's federal gross estate?

a.Naming the insured's spouse as primary beneficiary
b.Paying premiums with after-tax dollars rather than pre-tax dollars
c.Having an Irrevocable Life Insurance Trust (ILIT) own the policy, with the insured holding no incidents of ownership
d.Choosing a settlement option that pays interest only

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 §2042

11. Which statement BEST describes the federal tax treatment of a Health Savings Account (HSA)?

a.Contributions are deductible (or pre-tax through payroll), growth is tax-deferred, and qualified medical withdrawals are tax-free
b.Contributions are made with after-tax dollars and qualified withdrawals are taxed at long-term capital gain rates
c.Contributions are tax-free, but all withdrawals are taxed as ordinary income
d.The account is taxed annually on its earnings, but qualified medical withdrawals receive a 10% credit

An 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 §223

12. An investor purchases an existing $500,000 life insurance policy from the original owner for $40,000 and continues to pay $5,000 in annual premiums until the insured dies five years later. The investor is NOT one of the exempt transferees listed in §101(a)(2). How much of the $500,000 death benefit is taxable to the investor as ordinary income?

a.$0 — the full death benefit is income-tax-free under §101(a)
b.$40,000 — only the purchase price is taxable
c.$435,000 — the amount that exceeds the $40,000 consideration plus $25,000 of subsequent premiums
d.$500,000 — the entire death benefit is taxable because the policy was sold

The 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)

13. While a non-MEC life insurance policy remains in force, how is an outstanding policy loan treated for federal income tax purposes?

a.It is taxable as ordinary income to the extent the loan exceeds basis
b.It is not a taxable distribution because the owner is obligated to repay
c.It is taxable as a long-term capital gain
d.It is taxable as a deemed dividend regardless of policy gain

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)

14. How are benefits paid from a tax-qualified long-term care insurance contract generally treated for federal income tax?

a.Excluded from gross income up to the greater of the IRS per-diem limit or actual qualified LTC expenses
b.Always fully taxable as ordinary income
c.Subject to a 10% additional tax if received before age 59½
d.Fully tax-free, with no limit on the daily benefit excluded

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 §7702B

15. Which statement about the federal tax treatment of a Modified Endowment Contract (MEC) is TRUE?

a.Both the death benefit and lifetime distributions from a MEC are taxed as ordinary income
b.Lifetime distributions from a MEC are tax-free up to basis under FIFO
c.The death benefit of a MEC is taxed as ordinary income to the beneficiary
d.The death benefit of a MEC remains income-tax-free, but lifetime distributions are taxed LIFO with a 10% penalty before 59½

The 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 §7702A

16. A policyowner wants to exchange a $50,000 cash-value whole life policy for a non-qualified deferred annuity. Which statement about the tax treatment is correct?

a.The exchange triggers immediate ordinary-income tax on the gain in the life policy
b.The exchange qualifies for tax-deferred treatment under IRC §1035 if executed correctly
c.The exchange is permitted only if the new contract is also a life insurance policy
d.The exchange triggers a 10% early-withdrawal penalty unless the policyowner is 59½

Under 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 §1035

17. A whole life policy fails the 7-pay test and is classified as a Modified Endowment Contract (MEC). Which statement BEST describes the tax consequence to the policyowner?

a.The death benefit becomes fully taxable as ordinary income to the beneficiary
b.Premiums paid become tax-deductible to the owner
c.Living distributions (loans, withdrawals, assignments) are taxed gain-first (LIFO) and may incur a 10% penalty before age 59½
d.The policy automatically loses its life insurance status under IRC §7702

A 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 §7702A

18. A small business pays the premium on a $250,000 group term life policy on a key executive. The business is the policyowner and primary beneficiary. Which statement about premium deductibility is correct?

a.The premium is NOT deductible because the business is a direct or indirect beneficiary
b.The premium is fully deductible as an ordinary business expense
c.The premium is deductible up to the IRC §79 $50,000 group-term exclusion limit
d.The premium is deductible only if the policy is convertible to permanent insurance

Under 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. §1.264-1

19. Ana paid $30,000 in premiums on a non-MEC whole life policy. She surrenders the policy for $48,000 in cash. How is the surrender taxed?

a.The entire $48,000 is taxable as ordinary income
b.$18,000 is taxable as ordinary income; $30,000 is a tax-free return of basis
c.$18,000 is taxable as long-term capital gain
d.The entire $48,000 is tax-free as a return of basis

Under 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)

20. Which statement BEST distinguishes a qualified retirement plan (such as a 401(k)) from a non-qualified deferred annuity for federal income tax purposes?

a.Both qualified plans and non-qualified annuities allow the participant to deduct contributions from current income
b.Both qualified plans and non-qualified annuities are exempt from required minimum distributions
c.Withdrawals from a qualified plan are entirely tax-free; withdrawals from a non-qualified annuity are fully taxable
d.Contributions to a qualified plan are generally pre-tax (tax-deductible) and the entire distribution is taxable; non-qualified annuity contributions are after-tax, and only the gain is taxed on distribution

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 §408

21. A corporation purchased an employer-owned life insurance (EOLI) policy on a rank-and-file employee in 2019 but did NOT obtain written notice or consent from the employee before issuance. The employee dies. How is the death benefit taxed to the corporation?

a.It is fully tax-free under the general life insurance death benefit rule
b.It is fully taxable as ordinary income
c.Only the amount in excess of the corporation's basis (premiums paid) is taxable as ordinary income
d.It is tax-free only up to $50,000 under IRC §79

Under 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)

22. A corporation owns a $1,000,000 key-person life policy on its CEO. The corporation transfers the policy to an unrelated third party for $40,000 cash. The CEO subsequently dies and the third-party owner collects $1,000,000. How is the death benefit taxed to the third-party owner?

a.It is entirely income-tax-free under IRC §101(a)(1)
b.It is fully taxable as long-term capital gain
c.Under the IRC §101(a)(2) 'transfer-for-value' rule, the income-tax exclusion of the death benefit is LOST; only the amount equal to the buyer's basis (purchase price plus any subsequent premiums) is tax-free, and the excess is taxable as ordinary income — UNLESS one of the statutory exceptions applies (transfer to the insured, to a partner of the insured, to a partnership in which the insured is a partner, or to a corporation of which the insured is an officer/shareholder)
d.Only premiums paid after the transfer are recoverable; no death benefit is paid

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)

23. An employee receives $200,000 of EMPLOYER-PAID group term life insurance through a non-discriminatory cafeteria plan. Under IRC §79, the income-tax treatment is:

a.The entire $200,000 face amount creates imputed income to the employee each year, taxable as wages
b.All employer-paid group term coverage is fully tax-free to the employee regardless of amount
c.The premium for the first $200,000 is excluded; only premiums above that amount are imputed
d.The premium attributable to the FIRST $50,000 of group term coverage is excluded from the employee's gross income under IRC §79; the cost of coverage in excess of $50,000 is imputed to the employee using IRS Uniform Premium Table I rates (based on age), and that imputed cost is added to W-2 wages

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)

24. Which statement is correct regarding ROTH IRA distributions in 2026?

a.Roth IRA contributions are deductible from current income
b.QUALIFIED Roth IRA distributions (those made AFTER both (a) the 5-taxable-year holding period starting with the first Roth contribution, and (b) the account owner reaches age 59½, dies, becomes disabled, or makes a first-time-homebuyer distribution up to $10,000) are entirely income-tax and penalty free under IRC §408A
c.Roth IRA distributions are always fully taxable as ordinary income
d.Roth IRAs are required to take minimum distributions starting at age 73 in the same manner as traditional IRAs

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)

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PrepPass Editorial Team · Verified against California CDI · How we review

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.

Exam length
~150 questions, ~3 hours, 60% passing score
Passing score
60%

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 (CDI guideline: 52 hours of pre-licensing required)
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.

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.

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