Business Solutions FAQ
How could a specially designed whole life insurance policy be used for business financing?
Every situation will be unique, so the diagram below is a hypothetical example of how an equipment leasing program might work using a properly designed whole life insurance policy to finance the program. Your results may be different and you should consult your own legal and tax professionals prior to implementing any strategy…
- The individual opens a properly designed whole life insurance policy
- When the policy is funded, the Individual borrows from the policy and buys equipment needed by the corporation
- The individual leases the equipment to the corporation or partnership at a market value price
Individual reports the lease income on Schedule E of his/her individual Form 1040. The equipment is expensed via a depreciation deduction over a period of 5 – 7 years on average. Interest expense on the loan from your bank is also deducted on this form. Structured properly this could be a net zero transaction.
Corporation or Partnership has rental expense that is deducted on the entity’s income tax return, reducing the individual’s K-1 income (and K-1 income IS subject to self-employment tax).
*Since the individual received the lease payments as non-earned income, there is no self-employment tax due on it. The individual takes a tax write-off for depreciation on the equipment. The individual may also be able write off the interest they pay back to the policy.
This hypothetical example uses an equipment leasing program, however a similar structure could be used for a variety of business financing needs.
What is a section 162 executive bonus?
An executive bonus plan (Section 162) is a way for business owners or companies to provide additional supplemental benefits to key employees or executives of their choice. The benefits usually include life insurance policy death benefits as well as cash value accumulations that can be used as a retirement income supplement. With an executive bonus plan, the business can use tax deductible company funds to selectively provide valued benefits to key people. An executive benefit plan, used effectively, can be a valuable tool to attract and retain key executives.
- The company provides the key executive with a bonus that is taxable as income to the recipient.
- The bonus is generally a deductible business expense for the company.
- The key employee uses the bonus to purchase a properly structured life insurance policy that builds cash value that grows tax deferred.
- The life insurance policy, if properly structured, may provide an attractive benefit to the executive in the form of cash value growth.
- Any cash value accumulation will grow tax deferred and may be accessed by the employee income tax-free through withdrawals and policy loans.
- The policy’s cash value can be used to supplement retirement income or for any other financial need.
- If the key executive dies, in most cases, the heirs will receive the death benefit proceeds from the life insurance policy income tax free.
Executive Bonus Plan Options
In addition to the basic executive bonus plan, there are other common plan variations. These options include a double bonus arrangement and a restricted or controlled executive bonus plan.
With a double bonus arrangement, the company will provide the key executive with a bonus large enough to pay the life insurance premiums PLUS the income taxes incurred by the key executive on the bonus. The company can use the double bonus arrangement to eliminate any out of pocket expense for the key executive.
If the company wishes to retain some measure of control over the bonus, the restricted executive bonus plan is a good choice. With a restricted executive bonus, the company and the key executive enter into an agreement which includes a vesting schedule on the policy’s cash value growth. The vesting schedule is a form of “Golden Handcuffs” that allows a company to limit the availability of the cash value benefits until the executive has fulfilled the terms of the agreement. At that time, the executive is “vested”. Once the key executive is vested, they gain full and complete access to the policy’s cash value.
Advantages of Executive Bonus Plans using Cash Value Life Insurance.
- An executive bonus plan is simple to implement and easy to administer.
- The business can selectively choose the key employees they wish to reward.
- The bonus payments may be considered a fully deductible expense to the company.
- The key employee is able to name the beneficiary of the entire death benefit of the life insurance policy.
- The key executive will have access to policy cash values and may access that cash value without income tax through policy loans and withdrawals.
- Executive bonus plans are not subject to “qualified plan limits”.
Disadvantages of Executive Bonus Plans
- The company is unable to fully recover its costs from the policy’s death benefit since the key executive names the policy beneficiary.
- Executive bonus plans offer the company very little control of the policy. Even if a controlled executive bonus is utilized, it only restricts the key employee’s access to the policy’s cash value. The bonus is never recovered by the company even if the key employee leaves the company prior to vesting.
- The key executive must include any bonus in his or her taxable income.
- Without additional planning, the life insurance policy’s death benefit will be includable in the key executive’s taxable estate
What are Sect.412(e)(3) Fully Insured Defined Benefit Plans?
In Section 412(e)(3) Plans each participant is provided with a guaranteed, pre-defined retirement benefit amount that is defined by the plan document and fully insured by the purchase of fixed annuity and/or life insurance contracts.
Through our relationship with carrier retirement services departments, a full range of plans are available:
• Fully-insured defined benefit plans.
• Cash balance plans.
• 401(k) defined contribution plans.
• Profit sharing plans.
All of these can be custom-designed to help your business achieve the largest permissible share of total contribution, as well as tax deductions for your business. Depending upon the specific situation, up to $361,341 of annual, pre-tax contributions are possible.
Business Continuation. What are cross-sell and buy-sell agreements?'
- Guarantees a buyer
- Establishes a fair price
- Promotes a smooth transfer of the business
- Helps avoid conflicts
- Sets the terms of the purchase and identifies the events that trigger a buyout
- Assures the remaining owners and employees that the ownership of the company will not transfer to an unsuitable person
- Complete financing is guaranteed from the beginning
- Proceeds may be free from income tax
- Cash values can be used for a buyout due to retirement or disability
- Credit position could be strengthened
- It is generally an economical method
What is key person coverage?
- The employer and Key Person apply for the Life insurance policy.
- The business is the owner and beneficiary of the policy; while the Key Person employee is insured.
- The business pays the premium, and the value of the policy is an asset of the business. This means the life insurance may be subject to the creditors of the business.
- The employer can access the policy cash value for business needs. It can also be used to fund survivor benefits for the Key Person’s beneficiary.
- In addition, the Key Person may be given the opportunity to purchase or receive a bonus of the valuable life insurance protection as part of a future benefits package.
What is a supplemental executive retirement plan (SERP)?
- SERPs are relatively easy to implement and require no IRS approval or involved administration.
- The company can select the executives it wants to reward with supplemental benefits.
- The company controls the plan, owns the policy and has book income from policy cash value growth.
- Cash value within the life insurance policy accumulates tax deferred.
- When the supplemental income benefits are paid to the key employee, the company gets a tax deduction.
- The life insurance policy can be structured to allow the company to recover its cost.
- The plan can be custom designed to meet the key employee’s specific needs.
- Supplemental retirement income can be accumulated without incurring any up front taxes.
- In the event the executive dies, the life insurance policy death benefits are available to fund the plan and provide a lump sum benefit to the executive’s beneficiary subject to the terms of the agreement.
- The company does not get an immediate tax deduction on the premium payments. The deductions come for the business when plan benefits are paid to participant.
- The cash value build up that accumulates inside the life insurance policy used to fund the SERP is subject to the creditors of the company and is not protected if the company becomes insolvent.
What is a non-qualified deferred compensation plan?
- The employer is not entitled to tax deductions until such time as the benefits are actually paid to the employee
- Benefits are taxable to the employee at such time as the employee has the right to receive the benefits without regard to when the benefits are actually paid.
- The employer can pick and choose among the recipient employees without regard to years of service, salary level or any other criteria
- Allows a business to provide benefits to officers, executives and other highly paid employees
- The amount of the employer’s contributions are not limited
- A nonqualified plan is less expensive to set-up than a qualified plan
- There are no significant filing or reporting requirements
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