Which statement about a Modified Endowment Contract best describes tax treatment of pre-death distributions?

• A. Pre-death distributions will become taxable
• B. Distributions are tax-free
• C. Distributions are never taxed
• D. Distributions taxed at capital gains rate

Answer: (A)

A Modified Endowment Contract changes how any cash-value withdrawals or loans are taxed. In a non-MEC policy, you can generally take out a portion of your premiums tax-free up to your cost basis, and only the earnings portion is taxed when withdrawn.

With a MEC, the IRS treats distributions as coming from earnings first. That means any pre-death withdrawal or loan is taxed as ordinary income to the extent of the policy’s cash value (the earnings portion), rather than being treated as a tax-free return of your cost basis. The result is that pre-death distributions from a MEC are taxable, not tax-free, and not taxed at capital gains rates.

So the statement that best describes the tax treatment is that pre-death distributions will become taxable. The other options aren’t correct because MEC rules make distributions taxable as ordinary income (not tax-free or never taxed), and they’re not taxed at capital gains rates.