Choose CVAT Test or
GPT Test
In some cases you may
be given the opportunity to choose the test to use
for your policy, the GPT or the CVAT.
The
cash-value accumulation test governs the cash value,
not the premium or what you pay into the policy,
which means that this test would be preferable if
you wanted to maximum-fund your flexible-premium
policy. The use of the CVAT rather than the GPT:
1. When you want to
pay the full 7-pay modified endowment premium into
the policy over the first 7 years
2. When you want the
lowest amount of death benefit for a given
premium.
3. If you plan to
reduce the death benefit during the life of the
policy to avoid paying taxes, which could happen
with a GPT policy but is not required with a CV AT
policy Section 7702 of the
Internal Revenue Code is a historic and important
document because it represents the first time life
insurance has been defined for income tax purposes.
In dealing with today's life insurance and these
regulations, it becomes pragmatic to define
life
insurance as "insurance company
money to be received by a beneficiary upon the
death of the insured," which is referred to in the
code as "amount at risk." The distinction here is
that only the money that is not the property
of the policy owner prior to the insured's death
qualifies as life insurance.
It helps us understand
and evaluate today's life insurance products if we
use the term
life
insurance
only to refer to the amount that is paid over and
above that policy owner money in the event of the
insured's death (insurance company money). We buy
life insurance because, in the event of our death,
the life insurance company will pay our beneficiary
more than what we have deposited with the company.
These life insurance-company dollars are desirable,
have value, and must be paid for. If a policy should
ever fail to meet the Section 7702 requirements,
then it would not qualify as a
contract of life insurance. Therefore, the primary
tax advantages of life insurance would be lost and a
current income tax liability would be created.
The tax benefits of a
life insurance policy are threefold:
1. The total
death benefit of a life
insurance contract received by the beneficiary is
excluded from the beneficiary's taxable income under
Internal Revenue Code Section 101. Of course, this
benefit would be lost if the contract, under
Internal Revenue Code Section 7702, was deemed not
to be life insurance. The account value of the
policy would be subject to ordinary income tax to
the extent that it exceeded the policy owner's cost
basis. Cost basis is what the policy owner has paid
into the contract.
2. The annual
inside buildup increases
in cash value (account value), is tax-deferred
during a policy owner's lifetime, and is tax-free if
received as a result of the insured's death. If the
contract was deemed not to be not a life insurance
contract, these annual increases would be subject to
current ordinary income tax.
3. The total
accumulated income,
exceeding the policy owner's cost basis in the
contract compounds income tax free in a qualifying
life insurance policy. It would be immediately
subject to ordinary income tax the product failed to
meet the tests of Internal Revenue Code Section
7702.