7702 Plan: Always a Bad Idea or Simply Misunderstood?

Several years ago, (we’re a little fuzzy on the details as to exactly when) someone somewhere within the insurance industry made a fascinating discovery, which gave way to something referred to as a 7702 Plan.

What might this fascinating discovery be?  A tax loophole?  The introduction to a new financial product that would bring salvation to us all?

7702 plan a bad ideaNo…not even close.  Instead, this very creative individual made a half correct observation about how things get named after Internal Revenue Code (IRC) and decided to make their very own special financial savings vehicle, the 7702 plan.  So what is it?  That’s the point of today’s post.

A 7702 Plan is Not All That Exciting

Allow me to deflate the big balloon of anticipation, now.  It’s simply a life insurance contract.  In truth, there is no such thing as a 7702 plan.  But, to be fair, there’s also technically no such thing as a 401k plan.  The name is a colloquialism, which is in reference to the IRC  that establishes the particulars of the plan.

IRC 7702 speaks to the taxable implications of life insurance contracts (tricky tricky).  You see, some people feel the need to further inflate importance of an idea.

So, if we refer to selling life insurance for cash value purposes, calling it an official “plan” like 7702 Plan (because it sounds so damn cooler and exclusive) there are people (you know who you are) who will be more apt to jump on board (marketing is an awesome beast).

But is it Legal?

Here’s the issue, unlike IRA’s and 401k’s, which also are not themselves legally defined “plans” as far as actual legislation is concerned, both require the establishment of an account (a custody or trust account) to manage the funds.  That account is what gives the products their tax benefits.

With life insurance, the product itself contains the benefits, there is no special “account” per se.  Legally speaking, no, there’s likely nothing flat out illegal about referring to the ownership of life insurance to make use of its cash value features as a 7702 plan.

However, based on the limited amount of personal finance knowledge people in general tend to have (agents/brokers, registered reps, and IAR’s very much included) this is one of those areas where mischievousness has a lot of leverage and advantage.

This being said, the pendulum can swing both ways.

Just because an account is a 401k, IRA, et. al, doesn’t in point of fact make it a good idea.   To be equally demeaning, all you are doing there is establishing a custody or trust account, and paying the custodian or trustee fees to hold onto your assets.  The account has tax favorable benefits so long as it complies with the appropriate IRC.

Now, it’s correct to point out that there is a difference in so far as the official establishment of that account.  The custody or trust account is required for the other accounts that are sometimes referred to as “qualified” (though this itself is a bit of a misnomer as a lot of people refer to IRA’s as qualified, which is incorrect since qualified is a reference to the Employee Retirement Income Security Act–ERISA).

Not Illegal, but not Exactly Legitimate

7702 Plans are more a marketing angle, but then again so isn’t everything else.  The problem is more in the way agents present the plan.  There are a collection of agents (and insurance companies) that have embraced the idea of talking people into liquidating their IRA’s in order to fund their “7702 plan.”

While I won’t categorical declare this wrong, I’m going to say that it’s rather hard to think of fact patterns that would make it a good idea.

It’s fine to point out that cash value life insurance has certain tax favorable benefits under IRC 7702, and that those benefits are hugely beneficial, especially for those whose incomes place them far beyond Roth IRA eligibility (yes the Back-door IRA method works, but $5,000/year for someone who earns over $100,000/year sort of makes all IRA’s somewhat useless).

But, when someone starts pitching the sale of life insurance as the establishment of a 7702 Private Plan, a line has certainly been crossed.  The benefits exist, and they are huge, but this sort of marketing gimmick is what gets us in trouble and makes everyone’s life more difficult.

A Little Finger Wag at the Industry

Again, we’re not exactly sure who to blame for the origination of this idea, but we’ve seen many of examples of agents and companies embracing the idea (I once received an illustration to review for a guy from Northwestern Mutual that had “7702 Plan” displayed on the cover page).  For a while, a lot of agents where hawking Indexed Universal Life as the 7702 Plan (after all it had something to do with the stock market) and we wonder why FINRA and the SEC want to regulate these products.  The idea of marketing insurance in this way was someone’s really creative, but really bad idea.

There have been a lot of creative marketing pitches out of the insurance industry.  From magically vanishing premiums, to whole life is a 401k plan, to 7702 plans.  But please note, if someone approaches you and starts to “recommend” that you move to a 7702 Plan, best to shake your head and chastise them for the ridiculousness, then shoot us an email.

12 Responses to “7702 Plan: Always a Bad Idea or Simply Misunderstood?”

  1. Mike says:

    Hello, I have recently been approached by some brokers from Transamerica regarding this 7702 plan. They promised 8-12% indexed growth that will have no way to go but up even when the economy is doing poorly. They stated that it was a life insurance as well as a retirement plan, although I was confused as to how it could be both at the same time. I have a friend who recently signed up for the program and would like to gain more information as to why it is not a good idea to invest in it. I was wondering what the benefits are vs the downsides and what makes a 401k or some other retirement “plan” better by comparison. I was trying to look for it in the article, but I couldn’t find a clear explanation. Thank you for your time.

    • Brandon Roberts says:

      Hi Mike,

      You aren’t going to get 8-12% on the plan. Transamerica will be setting you up their Indexed Universal Life policy. It’s not a bad policy, but it’s not a superlative one either. If you want an idea on other options that exist for this product check this post out for indexed universal life income comparisons.

      The truth is, it’s not really a plan. The person suggesting this is simply placing money in a cash value life insurance product that will accumulate over time and will be able to generate retirement income. The design of this policy will drive the overall performance. The death benefit should be minimized to it’s lowest legally allowed level. This will ensure optimal cash value and income performance.

      The idea is actually a good one. Calling a specialized plan is a little misleading. The suggested returns are over hyped. We’d suggest that 6% is roughly where you’ll end up long term. And based on the risk exposure (which is very small compared to other securities) this isn’t bad at all.

      If you’d like answers to more specific questions, please don’t hesitate to reach out to us, you can contact us from this page here.

  2. Ellen says:

    Thank you for the post. I have a question.. do you suggest it?

    • Brandon Roberts says:

      Hi Ellen,

      What we take issue with is the presentation of life insurance as some special secret plan. It’s not, it’s simply life insurance.

      We very much condone the use of life insurance for it’s cash value (i.e. life insurance as an asset class). We simply question the ethics of someone who feels the need to try and sell life insurance by calling it something other than life insurance, which potentially crosses a legal line in most states.

  3. Steven Potts says:

    If the benefits of LIRS (Life Insurance Retirement Strategy is so poor why do people like GE’s Jeffrey Immelt put so much of their compensation into such programs. You would have to agree, someone making $21 million a year probably has some pretty good advisors helping to determine where to put their money.

    • Brandon Roberts says:

      We’ve written at length that life insurance can be used as an asset class, and are not suggesting here that it can’t be. We’re simply pointing out that concealing the sale of life insurance behind the idea that it’s some super secret trick of the super wealthy is foolish. That’s all.

  4. Oscar Garcoa Jr says:

    I have been approached twice this year by people I know very well in regards to the 7702 “plan”. I am weary of how the people present the life insurance plan blanketed giving the image that is like a 401k plan or and IRA.

    If it seems sketchy it probably is. I will find out more this saturday and give you guys the scoop.

  5. Sergio says:

    Hello gentlemen or ladies, depending on who replies to this post.
    I’ve recently been discharged from the United States Marine Corps after honorably serving nearly 23 years. I was approached by one of these companies mentioned above. I’m sure hoping that I haven’t been duped because I became a client and now an associate.
    It seems to be such an outstanding product the “7702 Plan” or the IUL’s we promote. After reading this post, I’m not sure if I was or not. I take a lot of pride in my honesty and ethics, and would hate knowing that I was setting up my fellow Marines, friends, and family members with anything that is not ethical. Our parent company (Aegon) is hugely successful, in the Forbes 100, well that’s what we are promoting anyway. I’m not sure to be quite honest. I guess I should have done more research prior to getting involved with anything.
    I believe in the product,and when I give my pitch I never promise 8-12% returns, though our bread and butter product has apparently garnered nearly 9.5% over the last 21 years.
    So my question is, if I was to remain an associate, what should/n’t I be advising my potential clients? I understand that the IRC 7702 is just a code and not a plan, and that I am a basic Life Insurance salesman. I want to base my presentation with facts, not mumbo jumbo. Thank you for your time and hopefully your response.


    • Brantley Whitley says:

      Hi Sergio–Thanks for your comment!

      Using life insurance as an asset class to save money for retirement, a future purchase or just as a general place to warehouse cash is a great idea. In fact, we’ve built our entire practice around that idea. However, what we disagree with is the sensationalism that many use when marketing the product. That’s our gripe with calling it a “7702 plan”. The concept is sound but let’s just tell people what it is without any hesitation. We can prove to people that it will work and we can do our best to make it work in their favor by minimizing the cost of insurance and NOT overestimating the expected return.

      If you are going to offer IUL to your clients, you should find Brandon’s post from yesterday on the subject of IUL interest rate assumptions very helpful. Here is the link

  6. Beth says:

    Hello, I was told by a friend at work that the “7702 plan” is pre tax or tax free and that there is no penalty for taking your money out when ever you like. I’ve read nothing of such things on this post or others, was he making this up? Is it even possible to get into your life insurance?

    • Brandon Roberts says:

      Hi Beth,

      It’s not pre-tax as that would refer to a contribution that avoids income received to you in order to avoid paying taxes on it. Life insurance (which is all a 7702 Plan is) would receive funds post tax.

      It is true that the cash in a life insurance policy grows tax deferred and can be accessed tax free. It’s also true that anyone can access the cash in their policy whenever they want to for any reason and this distribution can be made without a taxable consequence. This isn’t because of a 7702 Plan (again no such thing exists). This is simply how life insurance works.

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