Section 7702 vs Roth IRA
Tax-Free Retirement Compared
Roth IRAs are the most well-known tax-free retirement vehicle. But Section 7702 offers another path that most Americans have never heard of. For high earners, it's often called the 'Roth IRA without limits.'
Quick Comparison
| Feature | Section 7702 (IUL) | Roth IRA |
|---|---|---|
| Tax Treatment | Tax-free growth and access | Tax-free growth and withdrawal |
| Income Limits | None | $161K single / $240K married |
| Contribution Limits | None (based on death benefit) | $7,000/year ($8,000 if 50+) |
| Early Access | Yes (loans anytime) | Penalties before 59½ |
| Required Distributions | None | None (as of SECURE 2.0) |
| Death Benefit | Yes (tax-free, multiplied) | Inherited by heirs (10-yr rule) |
| Creditor Protection | Strong (varies by state) | Limited |
| 5-Year Rule | None | Yes (for earnings) |
Roth IRA Excludes High Earners
The Income Limit Problem
For 2024, Roth IRA contributions phase out at:
Single filers: $146,000 - $161,000
Married filing jointly: $230,000 - $240,000
If you earn above these limits, you CANNOT contribute directly to a Roth IRA.
Backdoor Roth conversions exist but add complexity, face potential elimination by Congress, and create pro-rata tax issues if you have traditional IRA balances.
Section 7702: No Income Limits
There are zero income restrictions on Section 7702 compliant life insurance:
"The Roth IRA for high earners"
Contribution Limits: The Real Difference
Roth IRA: $7,000/Year Maximum
$7,000/year × 25 years = $175,000 contributed
At 7% growth: ~$475,000
Tax-free income: ~$19,000/year (4%)
Section 7702: No Contribution Limits
$50,000/year × 25 years = $1,250,000 contributed
At 6% net: ~$2,800,000 cash value
Tax-free income: ~$140,000/year (via loans)
That's 7x more tax-free income than the Roth IRA.
Access to Your Money
Roth IRA: Rules and Penalties
- Contributions: Withdraw anytime tax/penalty free
- Earnings before 59½: 10% penalty + taxes
- 5-Year Rule: Account must be open 5 years
- Qualified distributions: After 59½ AND 5-year rule met
Section 7702: Flexible Access
- Policy loans: Available anytime after cash value builds
- No age restrictions: Access at 40, 50, 60—whenever
- No penalties: Loans are not taxable events
- No repayment required: Loans reduce death benefit if unpaid
This flexibility is critical for:
• Business owners needing capital
• Real estate investors seeking financing
• Anyone facing unexpected expenses before 59½
What You Leave Behind
Death Benefit: The Multiplier Effect
Roth IRA: Balance passes to heirs. Non-spouse beneficiaries must withdraw within 10 years (SECURE Act). Creates potential tax issues.
Section 7702: Death benefit typically 2-3x cash value. Passes income-tax-free to beneficiaries. No 10-year withdrawal requirement. Creates instant estate for heirs.
| Scenario | Roth IRA | Section 7702 |
|---|---|---|
| Account/Cash Value | $500,000 | $500,000 |
| Death Benefit | $500,000 | $1,200,000+ |
| To Heirs | $500,000 | $1,200,000 |
| Tax to Heirs | $0 (but 10-yr rule) | $0 |
Best Use Cases
Choose Roth IRA When:
- ✅You're under the income limits
- ✅You want simplicity
- ✅You're only saving $7,000/year anyway
- ✅You have access to a Roth 401(k) with match
- ✅You want to invest in specific stocks/funds
Choose Section 7702 When:
- ✅You exceed Roth income limits
- ✅You can contribute $25,000+/year
- ✅You want tax-free income before 59½
- ✅You value death benefit protection
- ✅You want creditor protection
- ✅You have a 15+ year time horizon
Use BOTH When:
- ✅You're approaching income limits (maximize Roth while you can)
- ✅You want tax diversification
- ✅You can fund both adequately
- ✅You want different access rules for different purposes
Matt Nye's Recommendation
20+ Years in Financial Services
"I love Roth IRAs. I recommend them to anyone who qualifies. But here's the reality:
If you're a high earner, Roth isn't enough.
$7,000/year in a Roth will not generate significant tax-free retirement income. It's a supplement, not a solution.
Section 7702 isn't a Roth replacement—it's a Roth AMPLIFIER. It gives you 10-20x more tax-free capacity, no income restrictions, death benefit your Roth doesn't have, and access before 59½.
My recommendation: Max your Roth if you qualify (it's simple and cheap), THEN use Section 7702 for the serious wealth building."
Frequently Asked Questions
Compare for Your Situation
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