The nomenclature in this thread (and in many discussions regarding these topics) is wrong: gains inside an insurance policy are not "tax free", they are "tax deferred". Just like gains inside an IRA are "tax deferred" and not "tax free". Fortunately for those with whole life policies, your cost basis is determined by the total of all of your payments. With fees and costs so high, odds are you will have a minimal taxable gain (or even a loss) should you surrender the policy.
You can borrow against the policy without paying taxes, just like you can refinance and pull equity out of real estate or take a margin loan against taxable investment accounts without paying taxes. You can even do pledged asset loans against a variety of assets. Each of these have different percentages of LTV and offer different interest rates.
Find the idea of being invested in the S&P 500 and the guarantee of not losing money attractive? Purchase Structured Notes. That is the investment product the insurance companies use to offer guaranteed (capped) returns between 0%-10% (or whatever). Just with additional fees on top and lower participation rates. You can even buy ones that give you 1.5x or 2.0x leverage to the upside if you don't need 100% downside protection (We typically take 10%-20% downside protection for the added upside multiplier. With 10% protection you are protected from the first 10% loss in the index. S&P down 10% or less, you get all your money back. S&P down 15%, you only lose 5% etc.) Structured notes are pretty cool financial products. I suggest sticking with the plain vanilla ones. The fancier and more complicated notes are more akin to gambling and are what have garnered the bad press in the past. It's important to note that Structured Notes are derivatives and not directly invested in the index or the underlying stocks. This means no dividends or credit for dividends occur, just the change in the price value of the index.
Most people have the S&P 500 as a cornerstone of their investment portfolio: they are never going to sell it until they actually need the money to live off of. Currently, SPY is yielding 1.92%. As long as I am holding that position and not selling it, my only tax is on the dividend. Since the majority of that dividend is qualified, it will be taxed between 0%-15% for most with some paying 20% and even less paying the additional 3.8% Medicare tax on top. Most Americans (I don't know the BP tax bracket breakdown) would be paying 0% in tax on the qualified (majority) portion of the dividend. Realistically, tax wise, if you're holding for the long term and not day trading, putting after-tax money in a regular taxable account isn't at that much of a disadvantage compared to putting after-tax money in a whole life policy as an investment for most people. There are always exceptions though. The regular after-tax account does allow for the opportunity for tax-loss harvesting which can save you money in taxes along the way for a plus.
The life insurance policy is protected from taxes twice compared to a buy and hold ETF in a taxable account: Once because the insurance policy is a tax deferred vehicle and the taxable account is not and Second because you don't receive any dividends from the underlying in an insurance policy. As explained above about structured notes, the insurance policy isn't directly invested in the stocks or the index so no dividends are paid. It's all based on the price value of the indices. Projecting out 10% historical annual returns until your retirement? Better make that 7%-8% since you won't be receiving the dividend portion of the index's return. That also means you don't get the compounding effect of reinvesting the dividends every year. (1 - highest tax rate) x 1.92% dividend rate of SPY > $0 dividends in an insurance policy. If there are no dividends to defer taxes on, is there any real tax deference advantage offered?
At retirement you can use margin to obtain 50% of the taxable account's value as a margin loan without paying taxes. You wouldn't have to pay taxes until you received a margin call and you were forced to sell at 65% LTV. This is less than many insurance policies that offer a 95% LTV without paying taxes. You would withdraw less principal each year in the taxable account compared to the insurance policy because of the dividends funding a portion of your retirement. It would be interesting to compare SPY's 0.09% expense ratio and reinvested dividends to the insurance policy's higher expenses and lower, no dividend no compounding return over the long run and see how much of a dollar difference this really is though. Especially since many are using examples of saving several decades for retirement and then living through retirement for a fifty, sixty years or more projection. I have a guess which amount would be larger even with the big LTV difference.
Annie Get Your Gun