Thursday, April 6, 2017

The Tax Implications of Key Person Life Insurance



The Tax Implications of Key Person Life Insurance
A risk that almost every company faces is the death of a key person. 
Consequently, many companies purchase life insurance on key executives. But this can raise a number of questions regarding taxation.
For example, are the proceeds of such a policy included in the insured executive’s estate? It depends. If the policy was owned by and payable to a company, and the insured had no “incidents of ownership, the answer is no. If the insured had incidents of ownership at the time of death, the proceeds would be included in the gross estate even with the corporation named owner and beneficiary. 
The proceeds of a key executive policy are also considered, with other non-operating assets, a relevant aspect in valuing company stock for estate tax purposes. When the insured is a stockholder, the value of the insurance payout will be reflected in valuing the stock in the insured’s gross estate. Including the insurance payout in the stock valuation may or may not trigger an increase in value equal to the full value of the payout. It depends on the valuation method used.
A discount in the value of the stock could be applied to reflect the loss of the executive’s services, although proof must be provided to verify the loss. No discount will be allowed if the stock is personal holding company stock with assets consisting of stocks and bonds. The company must be an operating business. 
If the insured is a controlling stockholder (50% or greater share in the company), the extent to which the payout is made other than to or for the benefit of the company will be applied to the insured. The payout would be included in the insured’s estate.
For more information on the tax treatment of insurance payouts on key employees, please see:
Succession Planning and Key Person Life Insurance: The Tax Implications | Think Advisor

Wednesday, April 5, 2017

Transferring a family business

Sunday, January 17, 2016

Are Annuities Good or Bad?

Is an annuity right for you?

 
There has been a debate going on for some time abut whether annuities are good or bad.  The answer is not that easy.   The fact is they are good for some and not for others.  The question of whether they are good for any individual, his family or retirement is  dependent upon their circumstance and the type of annuity. Those circumstances can vary dramatically.  
 
So lets talk about just a few of those circumstances and the differences they make.  What if a person or a couple are in need of a guaranteed income and cant take the risk of losing that income due to market fluctuations or crashes at the wrong time, or can't afford to suffer  through variance's in their income due to the ups and downs from the market.  Then an annuity may be for them. 
 
Maybe...  Because their are ways to hedge against loses tied to the market.  There are advanced techniques that have to be performed by someone both knowledgeable and experienced in using hedges, or options like puts and calls.  But there is still risk to this, but it can greatly reduce the risk to a client's portfolio.  They could also have tactically and actively managed funds where their money manager moves them to safer alternatives if the market is crashing but moves them back when it starts turning around. This can give them the potential for good or great growth while reducing risk when the market crashes.  I have seen this done where a very experienced and knowledgeable Investment Advisor managed to turn $100,000 into about 1 million form 2007-the end of 2015.  That was remarkable, and he even turned a small profit in 2008.  But he is the exception, and not the usual rule.  Most mutual funds do not outperform the S&P500, where this Advisor (who has a PHD)  has. 
 
What if an individual needs liquidity due to near future or present need to use the money for other things like buying homes or cars or educational purposes etc.  Then an annuity with surrender charges will probably not be for them.   Some type of savings vehicle, checking or money market account may be better for them, but are not usually high performing .  
 
 CDs are marginally better but still have low interest rates and can have surrender charges similar to a short term annuity, and the short term annuity usually pays higher interest rates.
 
Short term bonds could be an option but can vary in value due to yields varying with  the interest rate environment with its ups and downs, and could result in some loss of buying power if bonds are not held to maturity when and if rates are rising as they are now. So make sure if your considering bonds that your advisor knows your situation and time horizon for the uses of money. 
 
Another lesser known, but sometimes better option and alternative for someone 59 1/2 or older would be a modified endowment contract.  there are many types of "MECs", so make sure you get one with no surrender fees or a guaranteed return of  premium.  There are some MECs I'm aware of that have a 3% minimum guaranteed rate, and still buys options in the markets without putting individual's principal at risk.  I have seen some of these, that even though they have a 3% minimum guarantee, are averaging 7-9% annual gains and locks in the gains every year. The insurance companies do charge a cost of insurance on these for the additional death benefit, that is more that the funds in the MEC, but its usually a lower cost in comparison to the regular purchase of life insurance due to the large lump sum of money put in up front instead of over a period of time.  For that reason, it usually better to have a reasonably healthy person as the insured to keep the cost of insurance  to a minimum so you can maximize your growth in your money until you need it out.  I have seen 60-70 and even 80 years olds open  MECs using their  younger children as the insured and them as the owner.  So they can then make the maximum interest  and still have full access to the liquid funds, with them and then their grandchildren as the beneficiaries. But there are times when you want the coverage on someone who may be older or not as healthy.  Such as to pass on sums of money where it can be tax free and avoid probate. 
 
Also, keep in mind, almost all of these liquid options above have taxes on their gains, even though some are tax deferred and the bonds could be federal and maybe state income tax free if they are municipal bonds.
 
So  when might an annuity be the right tool for the right job?  What if someone is very or slightly     risk adverse and is looking for an income for now or in the future, or is a spend thrift  that needs a dependable and guaranteed income. 
 
 In the first case, a very risk adverse person, a variable annuity may not be for them because it can still lose and gain money, and they usually have higher annual fees than other investments or fixed annuities.  But some have guaranteed income riders, so may still fit a need for the slightly risk adverse.
 
But for this risk adverse  person, a fixed (single premium income/immediate annuity, SPIA)   or  a fixed  indexed annuity may fit their need as an integral part of  their portfolio.  Because both are guaranteed to not lose money and both can guaranteed an income for a specific period of time or for life.  Also the Fixed Indexed annuity can have a guaranteed income rider for life while still having the option of accessing your funds up to a limit per year without  a surrender penalty that goes away over time  (surrender free access is usually 10% annually,  but some accumulate to greater amounts and so greater liquidity)   and due to their indexing option,  Fixed Indexed  annuities  add  growth potential,  since the insurance company can use some of the lower fixed  interest they  could have paid you, to buy options that can give you growth tied to an index in the market without you principal every being at risk of market  down turns.  For the person who needs the guaranteed  income, some  liquidity without fees, and still have decent growth potential.  The FIA may fit their need as well.  But the straight fixed income SPIA  may be better if they have a tendency to spend it if they can get to it.
 
When might be another time Fixed indexed annuities or a SPIA be good.  There may be an older  but healthy person or couple who have a large amount of Qualified money  (old 401K, IRA or TSP Plan or the like) and do not necessarily need  it to live off of at this point in their lives.  A  fixed Indexed annuity with its guaranteed income or a SPIA could be used to pay the taxes as they money is drawn out and the rest to buy life insurance on one or both of the retired people in a second to die policy.  Doing this will turn the fully taxable money to a usually MUCH larger  tax free life insurance benefit their heirs will get when they are gone instead of a lump sum of money with a large tax bill attached to it that has to be paid up front or paid over time using an inherited IRA scenario.  If you were going to inherit a large sum of money,  would you like it to be smaller  with a big tax bill, or larger and tax free.  No brainier right?  So if the owner of the qualified money uses an annuity combined with the life benefit, the combination can be a powerful tool that can do something few other options can.
 
So is an annuity, fixed, variable, SPIA or Fixed Indexed Annuity  GOOD or BAD?    For people who want the certainty of their income, a variable, and on  the fixed side, their money and  income is safe from market loses.  An Annuity can be very good.  And like a hammer or a drill, its not the right tool for every situation and job.  But for many people and their particular situation and job they want done, it can be one of the best tools you can use. 
 
 
Sam Talbert
Registered Investment Advisor Rep
Capital Market IQ, an SEC registered IAR
Arkansas Insurance License NPN# 1058750
870-917-5438

Thursday, January 8, 2015

Advantages of Lump Sum Life Insurance Policies

As chief executive officer of Allied Insurance and Financial Services, Inc., in Benton, Arkansas, since 2009, Samuel Talbert operates an agency regularly recognized as one of the nation’s top insurance agencies. In addition to his work with Safe Money Advisors, PLLC, and other insurance companies, Samuel "Sam" Talbert works to provide health, annuity, and life insurance planning throughout Arkansas and surrounding areas.

Single-premium life (SPL) insurance policies differ from more common life insurance policies in that policy owners pay lump sums to fully fund the policies rather than making a number of payments over extended periods. Not only do SPL policies usually provide good coverage, they also help owners transfer wealth tax-free. Fully funded SPL policies increase in value much faster than traditional life insurance policies. A minimum 3 percent guaranteed interest rate gives the heirs a larger death benefit than the payment itself. In some cases, policy owners make additional lump payments on the policies to further increase the value. The policies can also pay for long-term care and other unexpected expenses before death while allowing the remaining policy amount to be paid to dependents and heirs, tax-free.