税务处理第 453 / 716 题

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

解析

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.

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