IRC SECTION 7702A

Definition

IRC Section 7702A defines the rules for modified endowment contracts, or MECs, and establishes the seven pay test used to determine when a life insurance policy becomes a MEC. A MEC retains life insurance death benefit treatment, but distributions such as loans and withdrawals are taxed less favorably, generally on an income first basis and potentially subject to a 10 percent penalty if taken before age 5912. Section 7702A was enacted to curb the use of heavily funded life insurance primarily as a short term tax sheltered investment. For product design and advanced planning, 7702A is critical in distinguishing policies intended for maximum cash accumulation with flexible access from those that intentionally accept MEC status as part of a specific strategy.

Common Usage

In practical usage, advisors encounter IRC Section 7702A when designing funding patterns for permanent policies. They review carrier illustrations showing MEC limits, seventh pay premiums, and how changes in death benefit or premium amounts affect MEC status. Some clients want to avoid MECs entirely to preserve tax favored access to policy cash values through withdrawals to basis and loans. Others may accept or even intentionally create a MEC when the primary goal is maximizing death benefit or long term tax deferred buildup with limited need for pre death access. Advisors must explain the tradeoffs clearly, including how MEC status changes the ordering rules for distributions and potential penalties. Carriers monitor 7702A compliance and may restrict premium payments or require face amount increases to avoid MEC status. Understanding Section 7702A allows producers to fine tune designs for life insurance retirement income, wealth transfer, and supplemental savings while keeping clients fully informed about tax implications.