Tax TreatmentQuestion 225 of 315

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

Explanation

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.

Law Reference: IRC §1035(a)

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