Ms. Garcia has a non-MEC (Modified Endowment Contract) whole life insurance policy. She needs funds for a home renovation and decides to take a policy loan. She asks her agent about the tax implications of taking this loan. What should the agent advise her?
Correct
The answer is A: Policy loans from a non-MEC are not taxable as long as the policy remains in force.
A policy loan from a non-MEC life insurance policy is treated as a loan against the cash value, not as a distribution, so it is not taxable income while the policy stays in force (IRC §72(e)(5)). If the policy later lapses or is surrendered with the loan outstanding, the loan is treated as an amount received and any excess over the owner's cost basis becomes taxable. There is no one-year repayment rule, and the 10% additional tax before age 59½ applies to taxable MEC distributions and loans, not to a loan from a non-MEC policy.
Why not ?
Reviewed in our October 2026 California fact-check.
Show the answer
The answer is A: Policy loans from a non-MEC are not taxable as long as the policy remains in force.
A policy loan from a non-MEC life insurance policy is treated as a loan against the cash value, not as a distribution, so it is not taxable income while the policy stays in force (IRC §72(e)(5)). If the policy later lapses or is surrendered with the loan outstanding, the loan is treated as an amount received and any excess over the owner's cost basis becomes taxable. There is no one-year repayment rule, and the 10% additional tax before age 59½ applies to taxable MEC distributions and loans, not to a loan from a non-MEC policy.
Reviewed in our October 2026 California fact-check.