Tax TreatmentQuestion 237 of 315

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

Explanation

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.

Law Reference: IRC §7702A

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Reviewed by John Zihao Zhang California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 verify)
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