Key takeaways
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Section 7702 of the IRS tax code outlines the criteria that life insurance policies must meet to qualify for tax advantages.
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The term “7702 plan” is a loose marketing term, not a specific type of life insurance policy. It typically refers to the tax treatment of cash value life insurance policies, which can include whole, universal, variable or indexed policies.
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If a life insurance policy does not meet the guidelines specified in Section 7702, the proceeds may be taxable as ordinary income.
Some life insurance polices enjoy tax advantages, but they must meet specific IRS guidelines first. Specifically, permanent life insurance coverage that adheres to Section 7702 of the tax code won’t be treated as taxable income. If your policy doesn’t meet tax code standards, it may be treated as a Modified Endowment Contract (MEC) investment and taxed accordingly. Bankrate’s insurance team explains the Section 7702 guidelines so you can better understand your policy’s cash value and tax status.
What is Section 7702?
While often referred to as a “7702 plan,” this term is more of a marketing concept rather than an actual insurance policy type. Section 7702 of the IRS tax code defines the criteria that cash value life insurance policies must meet to qualify for tax advantages. There are two main types of life insurance: permanent life insurance. Only permanent life insurance policies, such as whole life and universal life, can accumulate cash value. Section 7702 applies specifically to these cash value policies.
The tax code sets out multiple tests that these policies must pass to retain their tax-advantaged status: the Cash Value Accumulation Test (CVAT) and the Guideline Premium and Corridor Test (GPT). If a life insurance policy does not meet these criteria, its proceeds may be taxed as ordinary income. Understanding Section 7702 helps policyholders know how their policy’s cash value can grow and what tax advantages might be available. While these policies are not retirement plans, policyholders can typically borrow against the cash value or make withdrawals for various purposes, including retirement. However, it’s important to understand the rules and potential tax implications of such withdrawals.
What is a cash value accumulation test (CVAT)?
The CVAT is one of the tests defined in future premiums at once.
For example, if you have a $200,000 life insurance policy with a $20,000 cash value, the net single payment must be more than $20,000. If it would only cost $18,000 to pay for all future benefits upfront, your policy will not pass the IRS’s CVAT. In this case, it may not qualify for the tax advantages life insurance policies usually receive.
Policies that typically use the CVAT include whole life insurance. These policies accumulate cash value over time, and the CVAT ensures this cash value remains within the limits set by the IRS. By meeting this test, policyholders can benefit from the tax advantages associated with genuine life insurance policies.
What is a guideline premium and corridor test (GPT)?
The GPT is a two-part test defined in Section 7702 to determine if a life insurance policy qualifies for tax advantages.
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Guideline premium test: This part of the test limits the amount of premiums that can be paid into the policy at any given time. The limit can vary based on the insurance company’s expenses and claims experience. Essentially, it ensures that the policyholder doesn’t pay more into the policy than necessary for it to be considered life insurance.
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Corridor test: This part of the test requires that the policy’s death benefit always exceeds a specified multiple of its cash value. This multiple can vary based on the insured individual’s age. If the cash value exceeds this corridor, the policy is determined to be overfunded and is classified as an MEC. The corridor narrows as you get older, which allows for the policies to endow at maturity.
Policies that often use the GPT include universal life insurance. These policies allow for flexible premiums and have the potential to accumulate cash value. The GPT ensures that the policy remains within the limits set by the IRS, maintaining its status as a life insurance policy with associated tax advantages.