Browse all questions

The figures these questions turn on, laid out by section on dense colour pages you can print: Life & Health Insurance Producer cheat sheet PDF — $9.99 →

Own the complete California Life & Health Insurance Producer Exam guide — PDF + EPUB, $19.99 →

Every question with its answer and explanation — study by topic or all at once.

Tax Treatment

56 questions
1. How is a lump-sum life insurance death benefit paid to a named individual beneficiary treated for federal income tax purposes?
a.Subject to a 10% additional tax if the beneficiary is under 59½
b.Taxed as ordinary income to the extent it exceeds premiums paid
c.Taxed as long-term capital gain
d.Generally excluded from the beneficiary's gross income✓

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 seven-pay test✓
b.The cash value accumulation test
c.The corridor 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), as with any life policy
b.The entire withdrawal is income-tax-free up to the policy's full cash value
c.Basis comes out first tax-free (FIFO), then gain as ordinary income✓
d.The withdrawal is taxed in full at long-term capital gain rates

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.$4,000 taxable as ordinary income; no penalty because the owner is under 65
b.$10,000 taxable as ordinary income; no penalty
c.$0 taxable; no penalty because life insurance is exempt
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 a qualified long-term care contract
b.Annuity contract exchanged for a life insurance policy✓
c.Life insurance policy exchanged for an annuity contract
d.Annuity contract exchanged for another annuity 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.Entirely as long-term capital gain taxed at preferential capital-gain rates
b.Entirely as a tax-free return of basis first, until the owner's basis is exhausted
c.Entirely as ordinary income until all gain is withdrawn, then as tax-free basis✓
d.Pro-rata between basis and gain, using the annuity exclusion ratio

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

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

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.Split each periodic payment between a tax-free return of basis and a taxable interest portion✓
b.Compute the 10% federal tax penalty that applies to withdrawals taken before age 59 1/2
c.Determine whether the annuity contract qualifies as life insurance under the federal tax definition
d.Allocate each premium between the contract's cost basis and its death benefit

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.Paying all premiums with after-tax dollars rather than with pre-tax dollars from a benefit plan
b.Having an Irrevocable Life Insurance Trust (ILIT) own the policy, with the insured holding no incidents of ownership✓
c.Naming the insured's spouse as primary beneficiary, which keeps the proceeds out of the gross estate entirely under §2042
d.Choosing a settlement option that pays the beneficiary interest only, deferring the principal

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

Want these explained in order? California Life & Health Insurance Producer Exam — Complete Study Guide (2026) — PDF + EPUB, $19.99 · 14-day refund →

11. Which statement BEST describes the federal tax treatment of a Health Savings Account (HSA)?
a.Contributions are made with after-tax dollars, growth is taxable each year, and qualified withdrawals are taxed at long-term capital gain rates
b.Contributions are deductible (or pre-tax through payroll), growth is tax-deferred, and qualified medical withdrawals are tax-free✓
c.Contributions are excluded from income, growth inside the account is tax-deferred, but every withdrawal is later taxed as ordinary income
d.The account is taxed annually on its earnings, contributions are never deductible, and 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.$40,000 — only the purchase price is taxable, since premiums never enter the buyer's basis
b.$0 — the full death benefit stays income-tax-free under §101(a) despite the sale
c.$500,000 — the entire death benefit is taxable because the policy was sold for value to a non-exempt buyer
d.$435,000 — the amount that exceeds the $40,000 consideration plus $25,000 of subsequent premiums✓

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 the owner's basis
b.It is not a taxable distribution because the owner is obligated to repay✓
c.It is taxable as a deemed dividend regardless of the policy's gain or basis
d.It is taxable as a long-term capital gain in the year borrowed

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.Subject to a flat 10% additional tax whenever the benefits are received before the insured reaches age 59½
b.Fully tax-free to the insured, with no cap at all on the daily benefit that may be excluded
c.Excluded from gross income up to the greater of the IRS per-diem limit or actual qualified LTC expenses✓
d.Always fully taxable as ordinary income to the insured in the calendar year when the benefits are received

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.The death benefit of a MEC is taxed as ordinary income to the beneficiary, because MEC status revokes the §101(a) death-benefit exclusion
b.The death benefit of a MEC remains income-tax-free, but lifetime distributions are taxed LIFO with a 10% penalty before 59½✓
c.Lifetime distributions from a MEC are tax-free up to basis under FIFO, since MEC status changes only the death benefit
d.Both the death benefit and lifetime distributions from a MEC are taxed as ordinary income, with no penalty tax

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

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. The statement that the exchange triggers immediate ordinary-income tax on the gain 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. The claim that the exchange is permitted only if the new contract is also a life insurance policy is reversed — a life policy CAN exchange to an annuity (one-way only; you cannot exchange an annuity back to a life policy). The 10% early-withdrawal-penalty claim 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.Premiums paid become tax-deductible to the policyowner, who may claim them each year as an itemized medical deduction
b.The policy automatically loses its life insurance status under IRC §7702 and is taxed instead as an annuity contract
c.The death benefit becomes fully taxable as ordinary income to the beneficiary because the §101(a) exclusion no longer applies at death
d.Living distributions (loans, withdrawals, assignments) are taxed gain-first (LIFO) and may incur a 10% penalty before age 59½✓

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). The statement that the death benefit becomes fully taxable to the beneficiary is incorrect — the death benefit retains its income-tax-free treatment. The statement that premiums become deductible as an itemized medical deduction is wrong — life insurance premiums are never deductible by an individual policyowner. And the statement that the policy loses life insurance status and is taxed as an annuity 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 fully deductible as an ordinary and necessary business expense
b.The premium is deductible only if the group policy is convertible to permanent insurance
c.The premium is deductible up to the IRC §79 $50,000 group-term exclusion limit
d.The premium is NOT deductible because the business is a direct or indirect beneficiary✓

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. The claim that the premium is fully deductible as an ordinary and necessary business expense confuses this with employer-paid group term where the EMPLOYEE is the insured AND the beneficiary is the employee's family (then deductible). The response allowing a deduction up to $50,000 describes the EMPLOYEE's §79 exclusion from imputed income, not employer deductibility. And the response conditioning deductibility on convertibility to permanent insurance 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, since premiums are not recoverable
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 because the policy was held over a year
d.The entire $48,000 is tax-free because a surrender returns basis first

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 — the response calling the $18,000 a long-term capital gain is wrong because life insurance inside-buildup is never capital gain. Treating the entire $48,000 as ordinary income ignores basis recovery, and calling the entire $48,000 tax-free 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 are exempt from required minimum distributions during the owner's lifetime, so payouts may be postponed indefinitely
b.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✓
c.Both qualified plans and non-qualified annuities allow the participant to deduct contributions from current income, and neither one creates any cost basis to recover later
d.Withdrawals from a qualified plan are entirely tax-free because contributions were made with after-tax salary, while withdrawals from a non-qualified annuity are fully taxable, including the owner's own basis

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)). The statement that both arrangements allow a deduction and create no basis is wrong — non-qualified annuity premiums are never deductible. The statement that neither is subject to lifetime required minimum distributions is wrong — qualified plans require RMDs at age 73 under §401(a)(9). And the statement that qualified withdrawals are entirely tax-free while the annuity owner is taxed even on his own basis 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 to the corporation under the general IRC §101(a) life insurance death benefit rule
b.It is fully taxable to the corporation as ordinary income, with no recovery at all of the premiums paid
c.It is tax-free only up to the $50,000 employee exclusion limit found in IRC §79, and taxable above that
d.Only the amount in excess of the corporation's basis (premiums paid) is taxable as ordinary income✓

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. Treating the whole proceeds as tax-free under the general §101(a) rule ignores §101(j). Taxing the whole benefit with no recovery at all of premiums confiscates basis. And the $50,000 ceiling belongs to the employee-level §79 imputed-income exclusion, not to 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.Only premiums paid after the transfer are recoverable; no death benefit is paid at all, because a sale of the contract to an unrelated buyer destroys the insurable interest that supported the policy, and an insurer may not pay a face amount to an owner who has no insurable interest in the insured; the corporation's key-person interest in its own CEO is personal to the corporation and cannot be assigned along with the contract, and the buyer may recover the $40,000 it paid only by suing the corporation that sold it the policy
b.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)✓
c.It is entirely income-tax-free under IRC §101(a)(1), because the exclusion for amounts received under a life insurance contract by reason of the insured's death follows the policy into the hands of whoever owns it at the time of death; the consideration the buyer paid is irrelevant to the exclusion, and the transfer-for-value rule reaches only contracts transferred without consideration, such as an outright gift to a trust
d.It is fully taxable as long-term capital gain, because the buyer held the contract as an investment asset for more than one year before the insured died, so the full $1,000,000 is reported as a capital transaction; purchasers in the life-settlement market recognize the entire death benefit at long-term capital-gain rates, and no part of the proceeds is recovered tax-free as a return of the buyer's basis, even in the year of the insured's death

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 C, D, and A 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 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✓
b.All employer-paid group term life coverage is fully tax-free to the employee regardless of the face amount, because IRC §79 treats the entire employer premium as a nontaxable fringe benefit whenever the coverage is offered through a non-discriminatory cafeteria plan whose premiums the employer deducts
c.The entire $200,000 face amount, rather than the cost of the coverage, is imputed to the employee each year at Uniform Premium Table I rates and reported as W-2 wages, so the employee is taxed annually on the full death benefit while still living and the beneficiary later collects it tax-free
d.The premium attributable to the first $200,000 of coverage is excluded from income under IRC §79, and only the cost of any coverage above $200,000 is imputed using the Uniform Premium Table I age-based rates, so this employee reports no imputed income on the W-2 at all and the employer withholds no FICA

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, which is what the response applying the $50,000 exclusion and imputing the excess at Uniform Premium Table I rates describes. 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. The response imputing the entire $200,000 face amount overstates by taxing the face amount itself rather than the cost of the coverage. The response making all employer-paid group term coverage tax-free regardless of face amount ignores the $50,000 cap. The response excluding the first $200,000 and imputing only coverage above that 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 in the year they are made, and both the earnings and the later withdrawals are then taxed as ordinary income when the owner begins taking distributions; the deduction is claimed above the line on the owner's return and phases out only for an owner who is also covered by an employer plan
b.Roth IRA owners must take lifetime required minimum distributions beginning at age 73, figured from the Uniform Lifetime Table in exactly the same manner as a traditional IRA owner, and a shortfall carries the same excise tax; the only difference is that the Roth amount is reported as a nontaxable return of basis
c.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✓
d.Roth IRA distributions are always fully taxable as ordinary income, because the statute treats every withdrawal as earnings coming out first; the five-taxable-year holding period and the age 59½ requirement bear only on whether the 10% early-distribution penalty is added on top of the income tax already owed in the year of the withdrawal

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: first, the 5-TAXABLE-YEAR holding period beginning with the first Roth contribution (or conversion) has been satisfied, and second, 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). The response stating both of those tests and calling such distributions income-tax and penalty free is therefore correct. 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. The response making Roth contributions deductible and later withdrawals ordinary income is wrong; Roth contributions are not deductible. The response treating every withdrawal as fully taxable earnings ignores the qualified-distribution rules. The response imposing lifetime RMDs at age 73 from the Uniform Lifetime Table 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)
25. When a life insurance death benefit is paid to a named beneficiary as a lump sum, how is that benefit generally treated for federal income tax purposes?
a.Only the part equal to the premiums the insured paid is tax-free
b.The entire amount is taxable to the beneficiary as ordinary income that year
c.The death benefit is generally received free of federal income tax✓
d.It is taxed to the beneficiary at long-term capital gain rates

Life insurance death proceeds paid to a beneficiary are generally received income-tax-free, one of the primary tax advantages of life insurance. It is therefore not taxed as ordinary income in full, nor limited to a return of premiums, nor treated as a capital gain. Note that if the death benefit is paid in installments, any interest earned on the retained proceeds is taxable, and the proceeds may still be part of the insured's estate for estate-tax purposes, but the core death benefit itself is income-tax-free.

26. In a nonqualified deferred annuity, how are withdrawals taxed during the accumulation phase under the standard tax rule?
a.Earnings (interest) are considered withdrawn first and are taxable as ordinary income (LIFO)✓
b.All withdrawals are entirely tax-free because the contract was funded entirely with after-tax dollars
c.Withdrawals are taxed as long-term capital gains at the owner's capital-gain rate
d.The principal (cost basis) is treated as coming out first and is fully taxable as ordinary income

For nonqualified annuities purchased after August 13, 1982, withdrawals follow last-in, first-out (LIFO) tax treatment: the taxable earnings (interest) are treated as coming out first and are taxed as ordinary income, and a 10% penalty may apply before age 59 1/2. The already-taxed principal (cost basis) comes out only after the earnings are exhausted, so treating the principal as coming out first reverses the order. Annuity gains are ordinary income, so they are neither entirely tax-free nor taxed at long-term capital gain rates. During annuitization, the exclusion ratio instead spreads the return of basis across each payment.

27. Life insurance proceeds may be pulled into the insured's taxable estate for federal estate tax purposes if, at death, the insured held:
a.No rights of any kind in the policy
b.Only a role as the named beneficiary
c.Any incidents of ownership in the policy✓
d.A policy with a face amount under ten thousand dollars

If the insured retained any incidents of ownership (such as the right to change the beneficiary, borrow the cash value, or surrender the policy), the death benefit is generally includable in their gross estate. Holding no rights keeps the proceeds out of the estate, which is why irrevocable life insurance trusts are used. Merely being a beneficiary of someone else's policy is not an incident of ownership over one's own life coverage, and the face amount size does not control estate inclusion. Incidents of ownership are the key test.

28. The 'transfer-for-value' rule can cause a normally income-tax-free death benefit to become partly taxable when:
a.An existing policy is sold or transferred to another party for valuable consideration✓
b.The insured names a spouse as beneficiary
c.The policy is simply kept and never transferred to anyone for money or other valuable consideration
d.Premiums are paid on an annual schedule

Under the transfer-for-value rule, if an in-force policy is transferred to another party for valuable consideration, part of the death benefit (the amount exceeding the buyer's basis) can become taxable, unless an exception applies. Simply keeping a policy, paying annual premiums, or naming a spouse as beneficiary does not trigger the rule. The rule exists to prevent policies from being traded as tax-free investment vehicles, and producers must flag it whenever a policy changes hands for value.

29. A life insurance policy becomes a modified endowment contract (MEC) when it:
a.Is issued as term insurance
b.Pays annual dividends to the owner, which is a feature of participating whole life, not a MEC trigger
c.Has a named contingent beneficiary
d.Is funded more quickly than the limits allowed under the seven-pay test✓

A policy is classified as a MEC if the cumulative premiums paid in the early years exceed the limits set by the seven-pay test, meaning it was funded too fast relative to its death benefit. Being term insurance, paying dividends, or naming a contingent beneficiary does not create a MEC. The MEC rules were enacted to stop people from overfunding life insurance purely as a tax shelter, and once a policy is a MEC its living distributions lose favorable tax treatment.

30. Once a policy is classified as a modified endowment contract (MEC), distributions taken during the insured's life, such as loans and withdrawals, are:
a.Completely free of income tax as a return of basis
b.Exempt from any early-distribution penalty regardless of the owner's age and treated first as a tax-free return of premium
c.Taxed on a last-in, first-out basis, with earnings taxed first and a possible ten percent penalty before age 59 1/2✓
d.Fully deductible from the owner's income in the year they are taken

In a MEC, living distributions (including policy loans) are taxed LIFO, so the taxable earnings come out first as ordinary income, and a ten percent penalty may apply if taken before age 59 1/2, similar to annuity taxation. They are not tax-free, not deductible, and not penalty-exempt. Importantly, MEC status affects only living distributions; the death benefit paid to a beneficiary generally remains income-tax-free. This is why overfunding a policy into MEC status must be done knowingly.

31. A Section 1035 exchange allows a policyowner to:
a.Deduct all future premiums from taxable income
b.Withdraw the cash value tax-free forever
c.Exchange one life or annuity contract for another like-kind contract without immediately recognizing taxable gain✓
d.Avoid income tax on every future gain permanently, including any gain later withdrawn in cash from the replacement contract

A 1035 exchange lets an owner transfer the value of one contract into a new like-kind contract (for example, annuity to annuity, or life to annuity) without triggering tax on the gain at the time of exchange, allowing an upgrade to a better product while preserving cost basis. It does not make premiums deductible, does not create permanently tax-free withdrawals, and does not eliminate future tax on gains, which are simply deferred. The benefit is tax deferral, not tax elimination.

32. Which of the following is a permissible tax-free Section 1035 exchange?
a.An annuity exchanged for a life insurance policy
b.A life insurance policy exchanged for an annuity✓
c.A Roth IRA exchanged for a personal automobile
d.An annuity exchanged for shares in a mutual fund

A life insurance policy may be exchanged tax-free for an annuity under Section 1035, but the reverse (annuity to life insurance) is not permitted, because that would move gain into a contract whose death benefit is income-tax-free. Exchanging an annuity for a mutual fund is not a like-kind insurance exchange, and a Roth IRA for a car is not an exchange at all. Remember the one-way rule: life can become an annuity, but an annuity cannot become life insurance under 1035.

33. A loan taken against the cash value of a life insurance policy is generally:
a.Fully taxable in the year it is taken
b.Not taxable as long as the policy remains in force✓
c.Deductible as interest by the borrower
d.Subject to an automatic fifty percent penalty at the time it is taken

A policy loan is not treated as taxable income while the policy stays in force, because it is a loan against the owner's own cash value, not a distribution. It is not automatically taxable, the interest is generally not deductible for personal policies, and there is no fifty percent penalty. However, if the policy later lapses or is surrendered with a loan outstanding, the previously untaxed gain can become taxable, so unpaid loans carry a hidden tax risk (and this does not apply the same way to a MEC).

34. If a policyowner surrenders a whole life policy for its cash value, any amount received above the total premiums paid (the cost basis) is:
a.Reportable only if the policy was a modified endowment contract
b.Always taxable to the policyowner as ordinary income✓
c.Taxed at long-term capital gains rates
d.Received completely tax-free, like a death benefit

On surrender, the gain (cash value received minus the cost basis of premiums paid) is taxed as ordinary income, not as a capital gain. It is not tax-free, and it must be reported. The portion equal to the premiums paid is a tax-free return of basis. This is a common exam point: living gains from life insurance and annuities are ordinary income, never capital gains, even though the underlying growth felt like an investment return.

35. Dividends paid on a participating life insurance policy are generally treated for federal tax purposes as:
a.A deductible expense for the policyowner
b.Fully taxable ordinary income when received by the policyowner in the year the dividend is paid
c.A nontaxable return of premium, unless total dividends received exceed the premiums paid✓
d.Long-term capital gains

Policy dividends are considered a return of a portion of the premium the owner overpaid, so they are generally not taxable; only if cumulative dividends eventually exceed the total premiums paid would the excess become taxable. They are not automatically taxable income, not capital gains, and not deductible. Note that this differs from the interest a dividend earns if left to accumulate, which is taxable. The dividend itself is a nontaxable return of premium.

36. Premiums paid for a personal life insurance policy are generally:
a.Fully deductible from taxable income
b.Not tax-deductible✓
c.Partly deductible each year
d.Convertible into a tax credit

Premiums for personal life insurance are paid with after-tax dollars and are not deductible; the trade-off is that the death benefit is generally received income-tax-free. They are not fully or partly deductible, nor do they generate a tax credit. This nondeductibility is consistent across most personal insurance premiums and is the reason the eventual benefits enjoy favorable tax treatment. Certain business-related arrangements have their own specific rules, but the personal premium itself is not deductible.

37. For key-person life insurance that a business owns and is the beneficiary of, the federal tax treatment is generally that the:
a.Premiums are not deductible by the business, but the death benefit is received income-tax-free✓
b.Premiums are deductible as a business expense, and the death benefit is received completely free of income tax
c.Premiums generate a business tax credit
d.Premiums are deductible, and the death benefit is taxable

With key-person insurance, the business cannot deduct the premiums because it is the beneficiary of a policy on a valuable employee, but in exchange the death benefit it receives is generally income-tax-free (subject to employer-owned life insurance notice and consent rules). The premiums are not deductible, so options describing deductible premiums are wrong, and there is no special tax credit. This mirrors the general principle that nondeductible premiums buy a tax-free benefit.

38. Under federal tax rules, employer-paid group term life insurance is income-tax-free to the employee on coverage up to:
a.An unlimited amount of coverage
b.Ten thousand dollars of coverage
c.Two hundred fifty thousand dollars of coverage, with the cost of anything above that amount taxable to the employee
d.Fifty thousand dollars, with the cost of coverage above that amount taxable to the employee as imputed income✓

An employee may receive up to fifty thousand dollars of employer-paid group term life coverage without owing income tax on the premium; for coverage above fifty thousand dollars, the IRS-determined cost of the excess is added to the employee's taxable income as imputed income. The threshold is not ten thousand, two hundred fifty thousand, or unlimited. This fifty-thousand-dollar rule is a frequently tested figure in group life taxation.

39. In a cross-purchase buy-sell agreement funded with life insurance, the policies are owned by:
a.The individual owners, each on the other owners' lives✓
b.The business entity itself
c.An outside bank or lender
d.The estate of the deceased owner rather than by the surviving owners

In a cross-purchase arrangement, each business owner buys and owns a life insurance policy on each of the other owners, so that when one dies, the survivors receive proceeds to buy the deceased's share directly from the estate. The business entity does not own the policies (that is an entity or stock-redemption plan), a bank is not involved, and the deceased's estate does not own them. The distinction between cross-purchase and entity plans centers on who owns the policies.

40. In an entity (stock-redemption) buy-sell plan, the life insurance is owned by:
a.The business's customers
b.Each owner individually, who purchases a separate policy on each of the other owners
c.The company's rank-and-file employees
d.The business itself, which agrees to buy back a deceased owner's interest✓

In an entity or stock-redemption plan, the business owns the policies on each owner and uses the proceeds to purchase (redeem) the deceased owner's interest from the estate, keeping the buyout centralized in the company. The owners do not each hold policies on one another (that is the cross-purchase approach), and employees and customers are not parties to the funding. Entity plans are often simpler when there are many owners, since the business holds one policy per owner rather than many cross-owned policies.

41. An executive bonus (Section 162) plan generally works by having:
a.All taxes deferred indefinitely for both parties
b.The employer pay (bonus) the premium on a life policy the executive owns, deductible to the employer and taxable to the executive✓
c.The employer lend money that must be repaid with interest
d.The executive pay every premium out of pocket from after-tax salary, with the employer simply collecting and forwarding the premium payments

In a Section 162 executive bonus plan, the employer pays the premium on a personally owned life insurance policy for a key executive; the employer deducts the bonus as compensation, and the executive reports it as taxable income but owns the policy and its cash value. The executive does not bear the full cost alone, it is a bonus rather than a loan, and taxes are not deferred, the bonus is currently taxable to the executive. Simplicity and employer deductibility make this a popular executive benefit.

42. Distributions from a traditional, fully pre-tax qualified retirement plan are:
a.Taxed at long-term capital gains rates rather than as the ordinary income they actually are
b.Taxed as ordinary income, and required minimum distributions eventually apply✓
c.Partly deductible when received
d.Received free of income tax as a return of basis

Because contributions to a fully pre-tax qualified plan went in before tax and grew tax-deferred, the entire distribution is taxed as ordinary income when withdrawn, and required minimum distributions must begin at the age set by law. The distributions are not tax-free, not taxed as capital gains, and not deductible. This is also why placing a tax-deferred annuity inside a qualified plan is chosen for its income guarantees rather than for any added tax deferral, since the plan is already tax-deferred.

43. A ten percent federal tax penalty generally applies to taxable withdrawals from annuities and qualified plans taken before the owner reaches age:
a.Seventy
b.Sixty-five, the common retirement age
c.Fifty
d.Fifty-nine and one-half✓

The ten percent early-distribution penalty generally applies to taxable amounts withdrawn before age 59 1/2, on top of ordinary income tax, to discourage using retirement-oriented products for early spending. Ages 65, 70, and 50 are not the general threshold (65 is a common retirement/Medicare age, and required minimum distributions begin later). The 59 1/2 figure is one of the most frequently tested numbers in life and annuity taxation.

44. Accelerated death benefits paid to an insured who has been certified as terminally ill are generally:
a.Received free of federal income tax✓
b.Taxed at capital gains rates
c.Deductible by the insured
d.Fully taxable as ordinary income to the insured

Accelerated death benefits paid because an insured is terminally ill are generally treated like a tax-free death benefit and received income-tax-free, which lets the insured use the money for care without a tax burden. They are not fully taxable, not taxed as capital gains, and not deductible. This favorable treatment (subject to certain limits for chronically ill insureds) reflects the policy goal of helping seriously ill insureds access their benefits early.

45. A Section 1035 exchange permits a tax-free transfer between:
a.Like insurance contracts, such as life-to-life, life-to-annuity, or annuity-to-annuity✓
b.An annuity and a personal checking account
c.A health policy and a pension plan
d.A life insurance policy and an ordinary consumer car loan carried at the policyowner's own bank

Section 1035 allows tax-free exchanges among like contracts, letting a policyowner move to a better product without triggering tax on the gain. Transfers to unrelated financial accounts do not qualify.

46. Which 1035 exchange is NOT permitted on a tax-free basis?
a.Life insurance to another life insurance policy
b.Annuity to a life insurance policy✓
c.Life insurance to an annuity
d.Annuity to another annuity

You may exchange life to life, life to annuity, or annuity to annuity tax-free, but not an annuity into a life insurance policy, because that would move taxable gain into a tax-free death benefit. The permitted directions preserve the tax structure.

47. The main tax disadvantage of a Modified Endowment Contract (MEC) is that:
a.The premiums the owner pays into the contract suddenly become fully tax-deductible on the owner's personal income tax return
b.The death benefit becomes taxable
c.Living distributions such as loans and withdrawals are taxed on a LIFO basis, with a possible 10% penalty before age 59 1/2✓
d.It can no longer pay policy dividends

A MEC loses favorable living-benefit treatment: loans and withdrawals are taxed earnings-first (LIFO) and may carry a 10% penalty before 59 1/2. The death benefit itself remains income-tax-free.

48. The general rule that life insurance death proceeds are income-tax-free can be lost under the 'transfer-for-value' rule when the policy is:
a.Allowed to lapse for nonpayment of the premium in a year in which it was never sold or transferred to anyone
b.Sold or transferred for valuable consideration to certain parties, making part of the proceeds taxable✓
c.Paid up with level annual premiums and then held by the original owner until the insured's death
d.Owned by the insured's spouse, who paid all of the premiums from a joint checking account

If a policy is transferred for value to a non-exempt party, the death benefit can become partly taxable, an exception to the usual income-tax-free rule. Simply keeping or paying up a policy does not trigger it.

49. When death proceeds are left with the insurer and paid to the beneficiary in installments, the portion that is taxable is the:
a.The entire installment, principal and interest
b.Neither the principal nor the credited interest
c.Only the return of the principal death benefit
d.Interest earned on the retained proceeds✓

The death benefit principal remains income-tax-free, but any interest the insurer credits on proceeds it holds under a settlement option is taxable. Only that interest, not the principal, is taxed.

50. Premiums paid for personal life insurance are:
a.Deductible once coverage exceeds $50,000
b.Deductible as a medical expense
c.Fully tax-deductible each year
d.Generally NOT tax-deductible✓

Personal life insurance premiums are paid with after-tax dollars and are not deductible, which is part of why the death benefit is received tax-free. There is no coverage-amount or medical-expense exception for personal policies.

51. The cash value inside a permanent life insurance policy grows:
a.Taxable to the owner as ordinary income each year
b.Tax-free forever, even if the policy is later surrendered
c.As a long-term capital gain reported annually to the IRS
d.Tax-deferred while the policy remains in force✓

Cash value accumulates tax-deferred as long as the policy stays in force; it is not taxed annually. Gains can become taxable if the policy is surrendered for more than its basis.

52. Life insurance proceeds may be pulled into the insured's taxable estate if, at death, the insured held:
a.a term policy, since term coverage is always estate-includible while permanent coverage never is
b.a fully paid-up policy, because completed premium payments shift the estate liability to the insurer
c.incidents of ownership, such as the right to change the beneficiary or borrow against the policy✓
d.only a beneficiary designation, which standing alone pulls the proceeds back into the taxable estate

If the insured retained incidents of ownership, control such as changing beneficiaries or borrowing, the proceeds are included in the taxable estate. The policy type alone (term or paid-up) does not decide this.

53. Required minimum distributions (RMDs) generally force the owner of a traditional qualified plan to begin taking taxable distributions:
a.Only after the owner reaches age 90
b.At age 40, so that the government can begin collecting income tax on the deferred funds much earlier in life
c.Only after the owner's death
d.At a specified age set by law (such as 73), so the IRS eventually collects tax on the deferred funds✓

RMDs require withdrawals to begin at the age set by law (currently 73) so the deferred, pre-tax funds are eventually taxed. They do not begin at age 40 and are not deferred to age 90, and they start during the owner's lifetime rather than only after death.

54. Premiums a business pays for key person life insurance are:
a.Fully tax-deductible to the business as an ordinary and necessary operating expense in every single year
b.Always taxable income to the employee
c.Deductible by the insured employee
d.Never tax-deductible, but the death benefit is generally received income-tax-free by the business✓

Key person premiums are not deductible because the business is the beneficiary, but the death benefit it later receives is generally income-tax-free. The premiums are not the employee's income or deduction.

55. In an executive bonus (Section 162) plan, the employer:
a.Owns the life insurance policy outright and names itself as the beneficiary, while the executive simply agrees to be the insured person
b.Pays a bonus, deductible to the employer and taxable to the executive, that the executive uses to pay premiums on a policy they own✓
c.Provides no real benefit to the executive
d.Cannot deduct any part of the arrangement

In a Section 162 executive bonus plan, the employer pays a deductible bonus (taxable to the executive) and the executive owns the policy and pays its premiums. The employer does not own the policy.

56. A split-dollar life insurance arrangement is:
a.An agreement in which an employer and employee share the costs and benefits of a life policy, such as premiums, cash value, and death benefit✓
b.A type of deferred annuity
c.A term insurance rider that an employer attaches to the executive's personal life insurance policy in order to provide extra temporary death benefit at a low cost
d.A government insurance program

Split-dollar is an arrangement between an employer and employee (or two parties) to split the premium costs and policy benefits of a life policy. It is not a government program, annuity, or rider.

Last reviewed: · editorial process

PrepPass team · Verified against California CDI · How we review
Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)

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). The topic weights below are a PrepPass estimate, not figures published by the California Department of Insurance (CDI).

Questions
150 questions
Time limit
195 minutes
Passing score
60%

Every figure above, with the document it came from and the date we read it →

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
PrepPass team · Verified against California Department of Insurance (CDI) · How we review

How hard is the exam?

Difficult. The California Life & Accident-Health exam is 150 questions over 195 minutes 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
60% on the first attempt (n = 9,117) — California Department of Insurance, 2025. CDI’s row is “Life and Accident / Health or Sickness”; its separate Life-only line was 63% (n = 10,075) and Accident / Health or Sickness 76%. It was 66% in 2024. CDI states plainly that these are “the examination pass rates for individuals taking the license examination on their first attempt.”Source: California Department of Insurance — 2025 Annual Report of the Commissioner (PDF), “LSD Licensing Examination First-Time Pass Rates”
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.

Fees and salaries are approximate and change over time. The pass rate above is quoted from the source linked beside it, for the period that source covers — where we have not checked a source, we say so and give no number.

Frequently asked questions

How many California Life & Accident-Health insurance practice questions?+

716 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%, and CDI publishes no sectional or per-subject cut score — a failing candidate gets a per-topic diagnostic, which is a diagnostic, not a cut score. The real CDI exam is 150 multiple-choice questions over 195 minutes at a PSI testing center.

Is the California insurance license exam offered in Chinese or Vietnamese?+

Yes — AB 451 (Stats. 2023, ch. 136) legally requires CDI to offer producer license exams in English, Spanish, Simplified Chinese, Vietnamese, Korean and Tagalog.

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.

Is there a study guide for the Life & Health Insurance Producer?+

Yes. PrepPass sells California Life & Health Insurance Producer Exam — Complete Study Guide (2026), a PDF + EPUB download, $19.99 one-time; the practice on this page stays free without it. See the study guide →

Report