IRC SECTION 7702

Definition

IRC Section 7702 defines what qualifies as life insurance for federal income tax purposes by establishing tests that distinguish true life insurance contracts from investment only vehicles. To receive favorable tax treatment on cash value buildup and death proceeds, a policy must satisfy either the cash value accumulation test or the guideline premium and corridor test, and must meet specified mortality and interest assumptions. If a contract fails these tests, it may be treated as an investment contract, causing cash value growth to be taxable annually. Section 7702 is therefore fundamental to the design of universal life, whole life, and indexed life products, as well as to how carriers structure premiums, death benefit options, and corridor factors.

Common Usage

In day to day practice, producers rarely calculate IRC Section 7702 tests themselves, but they rely on product illustrations and carrier certifications that policies are compliant. Advisors see 7702's impact when discussing maximum premium funding, minimum death benefit corridors, and how changes in face amount or funding patterns affect long term policy efficiency. Overfunded policies designed for cash accumulation or supplemental retirement income must still respect 7702 limits to preserve tax favored treatment. Carriers may adjust product designs when interest rate assumptions or regulatory guidance changes. Advisors who understand Section 7702 can better explain why there are limits on how much premium can be stuffed into a policy relative to its death benefit, why death benefit options and corridor shifts occur, and how compliance protects the policyholder's ability to grow cash value on a tax deferred basis and receive generally income tax free death proceeds.