Tax TreatmentQuestion 223 of 315

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

Explanation

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.

Law Reference: IRC §72(e)(5)

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