18 Free Texas Life & Annuity Taxation Practice Questions (2026)

15 min read|Updated 2026-10-13

How to Use This Taxation Question Set

Federal Tax Considerations for Life and Annuities is 8 of the scored questions on the Texas Life, Accident & Health exam — one of the smallest scored blocks on the outline, and the one candidates most often leave until the last evening. That is a bad trade, because the questions are unusually predictable: the exam has a short list of tax rules and it asks them almost the same way every time.

What makes the block feel hard is that one distinction decides most of the answers. A life policy that is not a Modified Endowment Contract hands your money back basis first and taxes nothing until you pass basis. A MEC, and a deferred annuity, reverse that order and tax the earnings first. Learn which side of that line a contract sits on and the arithmetic follows.

These 18 questions come from LanePrep's Texas L&H quiz bank and follow the three ways the exam approaches tax: what happens while a life policy is owned and when money comes out of it, the MEC and § 1035 rules that change those answers, and the annuity payouts, death benefits and estate questions at the end of the contract.

Name the contract before you do the maths. MEC or non-MEC, annuity or life, qualified or non-qualified. Every wrong answer in this block comes from applying the right rule to the wrong contract type.

Practice Questions 1-6: Premiums, Cash Value and Taking Money Out

Nothing here is a tax return question — the exam wants the order in which money leaves a life policy. Premiums go in without a deduction, the cash value grows untaxed, and then a loan, a partial withdrawal and a full surrender are three different events with three different answers.

Question 1 (Chapter 5)

Sarah, a Texas resident, purchases a new whole life insurance policy to provide for her family. She diligently pays her monthly premiums. When preparing her federal income taxes for the year, she consults her tax advisor about deducting these premiums. What advice will her tax advisor most likely give her regarding the deductibility of her life insurance premiums?

  • A) The premiums are fully deductible as a personal investment expense.
  • B) The premiums are deductible only if the policy's cash value exceeds a certain threshold.
  • C) The premiums are generally not tax-deductible for individuals.
  • D) The premiums are deductible, but only up to a maximum of $5,000 per year.
Show answer & explanation

Answer: C

For individuals, premiums paid for personal life insurance policies are generally considered a personal expense and are not tax-deductible under federal tax law. Options A, B, and D describe scenarios that do not apply to standard individual life insurance premiums.

Question 2 (Chapter 5)

Jennifer, a self-employed graphic designer in Austin, pays $4,200 annually in premiums on a personal whole life policy she owns on herself. Her CPA asks whether she can deduct these premiums as a business expense on her Schedule C since she runs her own LLC. What is the correct federal income tax treatment?

  • A) She may deduct the full $4,200 because she is self-employed.
  • B) She may deduct 50% of the premium as a partial business expense.
  • C) The premiums are not deductible because they are paid on a personal life insurance policy.
  • D) She may deduct the premiums only if her business carries a key-person policy on her.
Show answer & explanation

Answer: C

Premiums paid by an individual on a personal life insurance policy are treated as a personal expense and are not deductible — even if the insured is self-employed. Self-employment status does not transform personal premiums into a Schedule C business expense. Options A, B, and D incorrectly suggest deductibility.

Question 3 (Chapter 5)

Michael, 45, owns a universal life insurance policy that has accumulated significant cash value over the years. He has never taken a loan or withdrawal from the policy. He is considering using the accumulated cash value for a future goal but is concerned about immediate tax implications. How is the growth of the cash value in Michael's policy typically treated for federal income tax purposes?

  • A) The annual growth in cash value is taxable as ordinary income each year it accumulates.
  • B) The growth in cash value is tax-deferred, meaning taxes are only due upon withdrawal or surrender.
  • C) The growth in cash value is entirely tax-exempt, similar to a Roth IRA.
  • D) Only the portion of the growth that exceeds the total premiums paid is taxable annually.
Show answer & explanation

Answer: B

One of the key advantages of permanent life insurance policies is that the cash value grows on a tax-deferred basis. This means that the policyholder does not pay taxes on the earnings as they accumulate each year. Taxes are typically only due when the money is withdrawn (beyond the basis) or the policy is surrendered. It is not taxable annually (A) and is not entirely tax-exempt (C) like a Roth IRA distribution, nor is it only taxable above premiums paid annually (D).

Question 4 (Chapter 5)

Marcus, age 42, owns a universal life policy with $80,000 of cash value and a $48,000 cost basis. The policy is NOT a MEC. He borrows $30,000 against the cash value to remodel his kitchen and keeps the policy in force. How is the $30,000 loan treated for federal income tax purposes in the year he receives it?

  • A) The entire $30,000 is taxable as ordinary income because it exceeds the basis.
  • B) $30,000 is treated as a LIFO distribution; earnings are taxed first.
  • C) The loan is not a taxable distribution because the policy is not a MEC and remains in force.
  • D) The loan triggers a 10% penalty because Marcus is under 59½.
Show answer & explanation

Answer: C

Policy loans on a non-MEC life insurance policy are not treated as taxable distributions while the policy remains in force. LIFO taxation and the 10% pre-59½ penalty apply only to distributions from a MEC (or pre-59½ withdrawals from non-qualified annuities). Options A, B, and D describe MEC treatment, which does not apply here.

Question 5 (Chapter 5)

Bryce, age 40 and the insured, owns a non-MEC universal life policy. The policy has $20,000 basis and $35,000 cash value. He withdraws $18,000 (partial withdrawal, not a loan, policy stays in force). How is the withdrawal taxed under standard non-MEC cost recovery?

  • A) $18,000 ordinary income (LIFO) — earnings first.
  • B) Tax-free — $18,000 is less than the $20,000 basis, so it's a full return of basis under cost recovery (FIFO).
  • C) $18,000 taxable plus 10% penalty.
  • D) $10,286 tax-free; $7,714 taxable (pro-rata).
Show answer & explanation

Answer: B

Non-MEC life insurance withdrawals follow cost-recovery (FIFO): basis comes out tax-free first, then gain. Bryce withdraws $18,000 — entirely within his $20,000 basis — so the withdrawal is tax-free, and his remaining basis becomes $2,000. (If this were a MEC, LIFO would apply and the $15,000 of gain would come out first, taxable.)

Question 6 (Chapter 5)

Marcus owns a $500,000 universal life policy on his own life. He needs cash and surrenders the policy for its full cash value of $80,000. His total premiums paid into the policy were $50,000, and the policy is not a MEC. How much, if any, is taxable as ordinary income?

  • A) $0 — all life insurance distributions are tax-free.
  • B) $30,000 — the gain above his basis.
  • C) $80,000 — the full surrender amount.
  • D) $50,000 — equal to his premiums paid.
Show answer & explanation

Answer: B

On full surrender of a non-MEC life policy, the policyowner recovers basis (premiums paid) first under cost-recovery rules, and any amount above basis is taxed as ordinary income. Marcus received $80,000; $50,000 is tax-free return of basis and $30,000 is the taxable gain. A is wrong because surrender gains ARE taxable. C ignores basis recovery. D taxes the wrong amount.

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Practice Questions 7-12: MECs and Section 1035 Exchanges

The 7-pay test is the switch. Fail it and the same policy starts taxing distributions earnings-first with a penalty attached; § 1035 is the other switch, letting a contract be replaced without triggering the gain — but only between the pairings the statute allows.

Question 7 (Chapter 5)

Rachel purchased a whole life policy with a $250,000 face amount in 2023. The 7-pay net level premium for the policy is $4,800 per year. By the end of year 3, she has paid cumulative premiums of $18,000. Has the policy failed the 7-pay test?

  • A) No, because cumulative premiums of $18,000 do not exceed 3 × $4,800 = $14,400.
  • B) Yes, because cumulative premiums of $18,000 exceed the cumulative 7-pay limit of $14,400 for year 3.
  • C) No, because the 7-pay test only applies after year 7.
  • D) Yes, but only if the policy is surrendered before year 7.
Show answer & explanation

Answer: B

The 7-pay test compares cumulative premiums actually paid against the cumulative net level premium for that year. By year 3, the cumulative allowable amount is 3 × $4,800 = $14,400. Rachel has paid $18,000, which exceeds the cumulative limit, so the policy fails the 7-pay test and becomes a MEC. Once classified as a MEC, it remains a MEC for life.

Question 8 (Chapter 5)

After purchasing a whole life policy, David decided to pay a large lump sum premium in the third year, significantly exceeding the amount allowed by the 7-pay test. As a result, his policy was reclassified as a Modified Endowment Contract (MEC). Years later, at age 55, David needs funds and decides to take a cash withdrawal from his MEC. What are the likely tax consequences of this withdrawal?

  • A) The withdrawal will be treated as 'first-in, first-out' (FIFO), with premiums returned first, then earnings, and no penalty.
  • B) The withdrawal will be taxed on a 'last-in, first-out' (LIFO) basis, and a 10% penalty tax will apply to the taxable portion.
  • C) The withdrawal is entirely tax-free, as it is from a life insurance policy.
  • D) Only the portion of the withdrawal exceeding the total death benefit will be taxable.
Show answer & explanation

Answer: B

Once a policy is classified as a MEC, distributions (including withdrawals and loans) are subject to LIFO (Last-In, First-Out) taxation, meaning earnings are considered to be distributed first. Additionally, if the policyholder is under age 59½, a 10% federal penalty tax applies to the taxable portion of the distribution. Option A describes the tax treatment of non-MEC life insurance withdrawals. Option C is incorrect as MEC distributions are taxable. Option D is irrelevant to the tax treatment of withdrawals.

Question 9 (Chapter 5)

Bianca, age 60, is the insured under a MEC. She withdraws $15,000 from the policy. The policy has $40,000 basis and $20,000 of gain. How is the withdrawal taxed?

  • A) $15,000 ordinary income, plus 10% penalty.
  • B) $15,000 ordinary income, NO 10% penalty (over 59½).
  • C) $15,000 tax-free as return of basis.
  • D) $5,000 taxable, $10,000 tax-free.
Show answer & explanation

Answer: B

MEC distributions are LIFO — earnings come out first. The $20,000 of gain exceeds the $15,000 withdrawal, so the full $15,000 is taxable as ordinary income. The 10% penalty applies only to distributions before age 59½. Bianca is 60, so the penalty does not apply.

Question 10 (Chapter 5)

A client, Mr. Henderson, owns an existing whole life insurance policy that he purchased several years ago. He is now interested in exchanging it for a new, larger whole life policy with a different insurer, without incurring current taxation on the accumulated cash value. Which of the following exchanges would qualify as a tax-free §1035 exchange INTO a new whole life policy?

  • A) Exchanging his whole life policy for a Roth IRA contribution.
  • B) Exchanging his whole life policy for a new whole life policy.
  • C) Exchanging his whole life policy for a long-term care insurance policy.
  • D) Exchanging his whole life policy for a mutual fund investment.
Show answer & explanation

Answer: B

IRC §1035 permits tax-free exchanges within a defined set of contract types. Life → life (B) is permitted and matches Mr. Henderson's stated goal of moving to a new whole life policy. Life → qualified LTC (C) is also a permitted §1035 destination, but the question specifically asks about exchanges INTO a new whole life policy — so C is not responsive. Roth IRAs (A) and mutual funds (D) are not life-insurance or annuity contracts and fall entirely outside §1035; an exchange to either would trigger immediate taxation on any policy gain (and potentially a §72 penalty). Note: life → annuity is permitted under §1035, but annuity → life is NOT — direction matters.

Question 11 (Chapter 5)

Carlos owns a non-qualified deferred annuity with $90,000 of basis and $150,000 of accumulated value. He wants to exchange it tax-free for a new permanent life insurance policy with better death-benefit coverage. Is this a valid § 1035 exchange?

  • A) Yes — any annuity-to-insurance exchange qualifies for tax-free treatment.
  • B) Yes, but only if the new policy has a face amount of at least $250,000.
  • C) No — an annuity contract cannot be exchanged tax-free for a life insurance policy under § 1035.
  • D) Yes, but he must pay tax on the $60,000 gain first.
Show answer & explanation

Answer: C

An annuity-to-life-insurance exchange is NOT permitted as a tax-free § 1035 exchange. The IRS does not allow taxpayers to convert a taxable-earnings vehicle (annuity) into a vehicle with a tax-free death benefit. Permitted directions are life→life, life→annuity, and annuity→annuity. This is a frequent exam trap.

Question 12 (Chapter 5)

Mark exchanges his $300,000 variable annuity (basis $100,000) for a new fixed indexed annuity at a different carrier, using IRC § 1035. What is the basis in the new contract immediately after the exchange?

  • A) $0 — basis is reset to zero on exchange.
  • B) $300,000 — basis steps up to current value.
  • C) $100,000 — basis carries over from the old contract.
  • D) $200,000 — only the gain portion carries.
Show answer & explanation

Answer: C

A § 1035 exchange is tax-deferred, not tax-eliminating. The original cost basis ($100,000) carries over to the new annuity contract. There is no step-up and no reset; the gain remains untaxed until it is eventually distributed.

Practice Questions 13-18: Annuity Payouts, Death Benefits and the Estate

At the paying-out end the exam splits the money into principal and earnings and asks which part is taxed. The exclusion ratio does that for an annuitised contract, § 101(a) does it for a death benefit, and the estate-tax questions ignore income tax entirely and ask who held the policy instead.

Question 13 (Chapter 5)

Vivian, age 70, is receiving payments from her non-qualified single-premium immediate annuity. She paid $200,000 in premium, and her expected return is $320,000 over 16 years ($20,000/year). Using the IRC § 72(b) exclusion ratio, how much of each $20,000 annual payment is taxable?

  • A) $0 — non-qualified annuity payments are tax-free.
  • B) $7,500 — the taxable (earnings) portion.
  • C) $12,500 — the excluded (basis) portion.
  • D) $20,000 — the entire payment is taxable.
Show answer & explanation

Answer: B

Exclusion ratio = Investment in Contract ÷ Expected Return = $200,000 ÷ $320,000 = 62.5% excluded. Excluded portion per payment: 62.5% × $20,000 = $12,500 (tax-free return of basis). Taxable portion: $20,000 − $12,500 = $7,500. Once total basis is fully recovered, future payments become 100% taxable.

Question 14 (Chapter 5)

Brett, age 54, owns a non-qualified deferred annuity with $70,000 basis and $110,000 accumulated value. He has not annuitized. He takes a $25,000 partial withdrawal. How is it taxed?

  • A) Entirely tax-free as return of basis.
  • B) $25,000 taxable as ordinary income (LIFO) plus a 10% penalty on the taxable portion.
  • C) $25,000 taxed at long-term capital gains rates with no penalty.
  • D) Pro-rata: $15,909 basis, $9,091 earnings; only earnings taxed, no penalty.
Show answer & explanation

Answer: B

Pre-annuitization withdrawals from a non-qualified deferred annuity are LIFO — earnings come out first. The $40,000 of gain is taxed before any basis. Because Brett took $25,000 and the gain ($40,000) is larger, the entire $25,000 is taxable as ordinary income. Since Brett is under 59½ with no exception, a 10% additional tax applies to the taxable portion.

Question 15 (Chapter 5)

Ruby paid $200,000 over the years into her non-qualified annuity. She annuitized and was projected to receive $400,000 over 20 years ($20,000/year). After 22 years, she has fully recovered her $200,000 basis, but she's still alive and the contract pays for life. How is each subsequent annual payment taxed?

  • A) Continue with the 50% exclusion ratio.
  • B) 100% taxable as ordinary income — once basis is fully recovered, the exclusion ends.
  • C) 100% tax-free — she has 'paid in full.'
  • D) Capital gains tax applies to subsequent payments.
Show answer & explanation

Answer: B

Under IRC § 72(b)(2), once a taxpayer has fully recovered her investment in the contract through the exclusion ratio, subsequent payments are 100% taxable as ordinary income. The exclusion stops once basis is fully recovered to prevent the taxpayer from excluding more than she paid in.

Question 16 (Chapter 5)

Anita died at age 71 owning a $750,000 term life policy. Her son Raj is the named beneficiary. Anita's basis (total premiums paid over the years) was $42,000. How much of the $750,000 death benefit is includible in Raj's gross income for federal income tax purposes?

  • A) $750,000 — the entire amount.
  • B) $708,000 — the amount exceeding premiums paid.
  • C) $0 — under IRC § 101(a), death benefits paid by reason of the insured's death are excluded from gross income.
  • D) $42,000 — only the basis is excluded; the rest is taxable.
Show answer & explanation

Answer: C

Under IRC § 101(a), amounts received under a life insurance contract paid by reason of the death of the insured are generally excluded from the beneficiary's gross income — regardless of the premiums paid. The income-tax exclusion is not capped at, nor reduced by, premiums. (Note: estate tax is a separate analysis from income tax.)

Question 17 (Chapter 5)

Joseph dies owning a $400,000 life insurance policy with $90,000 in cash value. His named beneficiary is his daughter Eliza. Eliza elects to receive the proceeds as a 10-year installment payout rather than a lump sum. Each annual payment of approximately $44,000 includes some interest. How is Eliza taxed?

  • A) All $440,000+ is income-tax-free under § 101(a).
  • B) The $400,000 principal portion is income-tax-free; the interest earned on the deferred amounts is taxable as ordinary income.
  • C) The entire installment payout is taxable.
  • D) Only the original cash value of $90,000 is income-tax-free.
Show answer & explanation

Answer: B

Under IRC § 101, the principal amount of the death benefit is excluded from gross income even when paid in installments. However, the interest earned by the insurer on the deferred portions (the time-value component of the installment option) is taxable as ordinary income when received.

Question 18 (Chapter 5)

Sophia owned a $1,000,000 life insurance policy on her own life. To reduce her potential estate, she gifted the policy outright to her daughter Mia and retained no incidents of ownership. Sophia died 22 months after the transfer. What is the federal estate-tax consequence?

  • A) Excluded from Sophia's gross estate — she no longer owned the policy.
  • B) Included in Sophia's gross estate because of the 3-year rule under IRC § 2035.
  • C) Included in Mia's gross estate as constructive ownership.
  • D) Excluded from any estate because it was a gift.
Show answer & explanation

Answer: B

Under IRC § 2035 (the 3-year rule), if an insured transfers a life insurance policy on their own life within 3 years of death, the death benefit is pulled back into the insured's gross estate. Sophia died only 22 months after the transfer, so the $1,000,000 death benefit is includible in her gross estate.

The Taxation Mistakes That Cost Marks

Running MEC rules on a policy that is not a MEC. A loan against a non-MEC policy is not a taxable distribution while the policy stays in force, and a withdrawal inside basis is a tax-free return of basis. Both of those answers flip once the policy has failed the 7-pay test. The question always tells you which it is; candidates read past it.

Treating a death benefit as taxable because the policy had gain. Under § 101(a) the beneficiary excludes the death benefit from income regardless of what was paid in premiums. Where tax does appear is interest the insurer earns on amounts it holds back under an instalment settlement — the principal stays tax-free, the interest does not.

Assuming § 1035 runs in both directions. Life to life, life to annuity and annuity to annuity are permitted. Annuity to life insurance is not. And an exchange that does qualify defers the gain rather than erasing it, because the old basis carries over to the new contract.

Forgetting that the 10% penalty has an age, not an age range. The additional tax applies to distributions before 59½, so the same MEC withdrawal is taxable with a penalty at one age and taxable without one a few months later. The income tax does not go away either way.

Answering an estate-tax question with income-tax rules. Whether the death benefit lands in the insured's gross estate turns on incidents of ownership and on whether a transfer happened within three years of death — not on basis, premiums or gain.

All nine chapters are audio lessons as well — chapter 1 is free, no signup. The 18 annuity questions cover the contracts this block taxes, and the 25-question sample set spreads across all eight content areas.

Question counts and content weighting come from the Pearson VUE Texas examination content outline. Read September 2026.

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