13.3% Top State Tax Rate

Tax-Free Retirement Strategies in California

California has the highest state income tax in America. Combined with federal taxes, you can face a marginal rate exceeding 50%. Tax-free retirement isn't optional—it's essential.

2024 Single Filers

California State Tax Brackets

Income RangeCA Tax Rate
$0 - $10,4121%
$10,413 - $24,6842%
$24,685 - $38,9594%
$38,960 - $54,0816%
$54,082 - $68,3508%
$68,351 - $349,1379.3%
$349,138 - $418,96110.3%
$418,962 - $698,27111.3%
$698,272 - $1,000,00012.3%
$1,000,000+13.3%

The California Problem for Retirees

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All 401K/IRA withdrawals taxed as ordinary income

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California has NO retirement income exemption

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RMDs can push you into 12.3%+ state brackets

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Combined federal + state can exceed 50%

Example: $200,000 Annual Retirement Income in California

Federal Tax (24%)

$48,000

California Tax (9.3%)

$18,600

Total Tax (33%)

$66,600

How Section 7702 Helps California Residents

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Tax-Free Under Both Laws

Federal: Tax-free growth, tax-free access. California: Same treatment, no state tax on loans.

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The California Math

For $500K+ earners, every dollar in tax-deferred accounts faces 37% federal + 13.3% state = 50.3% total potential tax.

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Your Savings

Every dollar accessed tax-free from Section 7702 saves over 50 cents in taxes for California high earners.

California-Specific Benefits

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Creditor Protection

California provides strong creditor protection for life insurance cash values—protected from creditors in most situations and during bankruptcy. Critical for business owners and professionals.

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No State Tax on Policy Loans

When you access money from an IUL through policy loans: No federal income tax, no California income tax, and no 10% penalty (unlike early 401K withdrawal).

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Estate Planning Benefits

California has no state estate tax, but federal estate tax can apply. Life insurance death benefits pass income-tax-free to beneficiaries and can be structured outside the estate.

California High-Earner Profiles

Silicon Valley Tech Professionals

  • Stock-based compensation creates tax spikes
  • High W-2 income + RSU vesting = maximum CA tax exposure
  • Section 7702 provides tax-free wealth building outside CA's reach

California Physicians

  • Many in the $400K-$800K range
  • Years of peak earning before retirement
  • Tax diversification essential for retirement flexibility

California Business Owners

  • Exit planning creates capital gains exposure
  • 13.3% state + 23.8% federal on gains = 37.1% total
  • Section 7702 and capital gains deferral strategies critical

California Real Estate Investors

  • Prop 13 benefits locked up in properties
  • 1031 exchanges defer but don't eliminate tax
  • Section 7702 provides permanent tax-free alternative

The California Retirement Math

Scenario: $400K Earner in California

Traditional (Max 401K)

  • Annual contribution: $30,500
  • Tax savings today: $15,250
  • After 20 years @ 7%: $1.4M
  • Taxes at withdrawal (40%): -$560,000
  • Net: $840,000

FlexVault Approach

  • Annual contribution: $50,000
  • No tax deduction today
  • After 20 years @ 6.5%: $1.9M
  • Taxes at access: $0
  • Net: $1.9M + death benefit

Difference: $1,060,000 more in retirement

Serving California Clients

San Francisco Bay AreaLos Angeles / Orange CountySan DiegoSacramentoSilicon Valley

With expertise in Prop 19 and real estate planning, tech compensation optimization, California creditor protection, and pre-exit planning for business owners.

Questions

California Tax FAQs

Get answers to common questions about Section 7702 strategies for California residents.

No. California follows federal tax treatment for Section 7702 compliant life insurance. Growth is tax-free, access through loans is tax-free, and death benefits pass income-tax-free.
Partially. If you move before withdrawing from tax-deferred accounts, you can avoid CA tax on those withdrawals. But CA aggressively pursues "residency audits." Section 7702 provides tax-free access regardless of your state.
Various proposals have been discussed but not enacted. Section 7702 cash value would likely be protected under most proposals as it's not a traditional "asset" but rather part of an insurance contract.
The higher your state tax rate, the more valuable tax-free strategies become. California's 13.3% top rate makes Section 7702 particularly valuable compared to states with no income tax.

California's High Taxes Make Planning Essential

Don't let California's tax burden erode your retirement. Get a personalized analysis of how Section 7702 can help you build tax-free wealth.