Under IRC Section 1035, which exchange of contracts is generally tax-free?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Section 1035 permits tax-free exchanges of: life insurance for life insurance, life insurance for an annuity, and annuity for annuity — provided the insured/annuitant is the same and the exchange is direct. An annuity may NOT be exchanged tax-free for a life insurance policy, and a surrender-then-repurchase is a taxable event. The exchange must be property-for-property, same owner.
Why the other options are wrong
- B) The 1035 privilege runs one way into annuities; exchanging an annuity for life insurance is a taxable event.
- C) Surrendering for cash triggers taxable gain on the excess over basis, even if a new policy is bought soon after.
- D) A Section 1035 exchange must involve the same insured/owner; changing the owner breaks the tax-free treatment.
Memory hook
1035 = the one-way escalator: life→life, life→annuity, annuity→annuity. You can climb toward annuities, never back down to life.