7702 Plans: Maximize Tax-Free Retirement Savings

Setting up a section 7702 plan and the IRS Tax Code
Insurance Quotes 2 Day Team

Written By Doug Mitchell

Doug Mitchell, CLU holds a BA degree in Finance from Auburn University, a Chartered Life Underwriter (CLU) designation from The American College in Bryn Mahr, PA and Top of the Table member of the Million Dollar Round Table (MDRT). Doug has spent close to 30 years in the insurance and financial planning industry and has held licenses to sell securities, long-term care insurance, health.  Doug is also a financial blogger addressing the topics of life insurance, annuities and retirement income planning.

Holly Mitchell  &

Holly Mitchell’s background in life insurance insurance goes back to 1985 when she worked for her father who was a New York Life agent. Holly has a marketing degree from Auburn University and has had a life insurance license since 2008. In addition to advising life insurance for customers all around the country, Holly is our website fact checker.

Rob Pinner   &

Rob Pinner is the founder and CEO of Pinner Financial Services servicing all 50 states. Rob started his insurance career in 2002.

Louis LaBash

Results-driven and innovative life insurance professional with 30 plus years of life insurance industry sales and marketing experience. Recognized as a pioneer in the field, leveraging phone and internet channels to exceed personal sales of over $100 million during the first decade of the 21st century. Creator of a highly effective intuitive IUL life insurance sales software that facilitated the sale of millions of dollars of indexed universal policies by numerous life insurance agents. Proven track record as a Managing General Agent (MGA), Life Agent, IUL Life Insurance Sales Software developer, and leading-edge creator of insurance marketing tools, educational content, and delivery systems.

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Detailed Background of IRC Code 7702 and Its Implications

Section 7702 was introduced in 1984 to prevent the misuse of life insurance as a tax shelter. It establishes criteria for tax-free growth and tax-free death benefits. Recent legislative updates, such as those in the Consolidated Appropriations Act of 2021, have further refined these rules, allowing for more flexibility in premium contributions while maintaining the tax-advantaged status of qualifying policies.

For example:

  • Changes in interest rates under Section 7702 allow higher initial premiums for Indexed Universal Life (IUL) policies.
  • Lower guaranteed growth rates (from 4% to 2%) shift more cash value growth potential to market index performance.

Considering a 7702 plan could be a smart move if Social Security benefits alone will be insufficient for your retirement. Even if you actively contribute to a 401(k) or IRA, the tax liabilities associated with these accounts can significantly impact your savings. A 7702 plan, designed to accumulate wealth on a tax-advantaged basis, can add to your current retirement planning strategy.

Understanding the IRS 7702 Plan for Retirement Savings

A 7702 Plan is a marketing term used to describe life insurance policies that accumulate wealth in a tax-free manner. It is not a specific product but a category of policies that meet IRS Section 7702 requirements. This section defines what constitutes a legitimate life insurance policy eligible for favorable tax treatment. To qualify, policies must pass one of two tests:

Doug Mitchell

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  • Cash Accumulation Test (CVAT): Ensures the policy’s cash value does not exceed what would be needed to fund future benefits in a single premium.
  • Guideline Premium and Corridor Test (GPT): Limits the total premiums paid and ensures the death benefit exceeds the cash value by a certain percentage.

These tests ensure that policies remain tax-advantaged and meet the IRS’s definition of life insurance.

When you think of life insurance, tax regulations might not be the first thing that comes to mind. However, IRS Section 7702 plays a pivotal role in how life insurance policies are structured and taxed. Simply put, this section of the Internal Revenue Code sets the federal tax guidelines that determine whether a policy qualifies as life insurance—and thus, whether it enjoys critical tax advantages like tax-deferred cash value growth and tax-free death benefits.

But why does this matter?  Without compliance with Section 7702, a life insurance policy risks being classified as an investment, losing these valuable tax perks. This regulation establishes specific tests—the Cash Value Accumulation Test (CVAT) and the Guideline Premium and Corridor Test (GPT)—to ensure policies aren’t used primarily as tax shelters. These tests regulate how much money can be paid into a policy relative to its death benefit, keeping life insurance focused on protection rather than investment loopholes.

What This Means for Policyholders

Policyholders now have more flexibility in structuring their policies but need to understand the trade-offs, such as reduced guaranteed cash value growth. This means that while they can contribute larger upfront premiums or adjust contributions to suit their financial needs, the policy’s long-term growth potential may rely more heavily on market performance or index-linked returns. It’s essential for policyholders to evaluate their financial goals and risk tolerance to ensure the policy aligns with their retirement and wealth accumulation strategies.

How Recent Changes to Section 7702 Affect Indexed Universal Life (IUL) Policies

Indexed Universal Life (IUL) policies are particularly well-suited for 7702 plans due to their flexibility and potential for tax-free growth. Recent updates to Section 7702 allow for:

  • Higher Funding Limits: You can contribute more upfront without risking the policy’s tax-advantaged status.
  • Market-Linked Growth: More cash value is tied to index performance, offering higher growth potential while maintaining protection against losses.

These changes make IUL an attractive option for high-income earners who have maxed out traditional retirement accounts.

Best Life Insurance Options for a 7702 Plan

While various life insurance policies qualify under Section 7702, Indexed Universal Life (IUL) stands out. Here’s why:

Features/Benefits IUL Traditional Accounts
Market Volatility Protected Exposed
Contribution Limits None Yes
Early Withdrawal Penalties None Yes
Tax-Free Distributions Yes No

Advantages and Disadvantages of Using Indexed Universal Life for a 7702 Plan

While IUL policies offer significant advantages, they also come with considerations:

Advantages

  • No contribution or income limits.
  • Tax-free access to funds through policy loans.
  • Guaranteed tax-free death benefits for beneficiaries.

Disadvantages

  • Earnings caps may limit growth in high-performing markets.
  • Mortality and administrative charges can increase over time.
  • Surrender charges apply if policies are canceled early.

Final Thoughts: Is a 7702 Plan Right for You?

A 7702 plan can be an excellent choice for individuals seeking an alternative to traditional retirement accounts. Whether you’re a high-income earner or simply looking for a tax-advantaged way to grow wealth, Indexed Universal Life insurance offers flexibility and significant benefits. To explore your 7702 account options, complete the quote form on this page or call us at 1-800-712-8519 for personalized assistance.

Frequently Asked Questions

What are the key benefits of a 7702 plan?

A 7702 plan offers tax-free growth, no contribution limits, and flexible access to funds through policy loans.

How does a 7702 plan compare to a 401(k) or IRA?

Unlike traditional retirement accounts, 7702 plans have no early withdrawal penalties or required minimum distributions (RMDs).

Who should consider a 7702 plan?

High-income earners and individuals seeking tax-advantaged alternatives to traditional retirement accounts are ideal candidates.

Are there any risks with a 7702 plan?

While advantageous, these plans may have higher fees, and performance depends on the insurance company’s stability.

author avatar
Doug Mitchell, CLU Independant Advisor
Doug Mitchell, CLU holds a BA degree in Finance from Auburn University as well as having obtained a Chartered Life Underwriter (CLU) designation from The American College in Bryn Mahr, PA. Doug has spent 30 years in the life insurance industry and has also held licenses to sell securities, long-term care insurance and home and auto insurance. Doug is a Top of the Table Million Dollar Round Table member (MDRT).  MDRT is a global, independent association of the world's leading life insurance advisors.  For two years, Doug served as President of the Auburn Opelika Association of Financial Advisors and has been a member of the Million Dollar Round Table. He obtained Life Millionaire status at Horace Mann Insurance Company and was awarded the Life Agent of the Year Award. Later in his career with New York Life he was an Executive Council Member. Doug currently serves as President of Ogletree Financial, a managing general agency serving life insurance agents and clients in all parts of the United States. Today, Doug’s main focus is servicing 1000s of policyholders.

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