1 section 79 plans with secureplus advantage 79 tax-advantaged life insurance for business owners...
Post on 21-Dec-2015
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1
Section 79 Plans
with
SecurePlus Advantage 79
TAX-ADVANTAGED LIFE
INSURANCE FOR
BUSINESS OWNERS
AND EMPLOYEES
TC42529(0808)
This information is not intended as tax or legal advice. Please consult with your attorney and accountant
prior to acting on any of this information.
National Life Group ® is a trade name representing various affiliates that offer a variety of financial services
products.
2
What Is Section 79 Code section that permits ER’s to offer
group life insurance to EE’s Life Insurance is the only way to fund a
Section 79 Plan With a specially designed policy, the
Employee can usually exclude about 35-40% of premium from taxable income
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Benefits for Business Owner Death Benefit can be used for:
• Family survivor needs• Estate tax strategies • Business succession
Can provide tax benefits• For Company and owner-employees
Attract & retain good employees Policy cash value can provide additional
retirement asset accumulation
Policy loans and withdrawals reduce the policy’s cash value and death benefit
and may result in a taxable event.
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Benefits for Employee
Life insurance protection• Family survivor needs
Policy cash value can provide additional retirement asset accumulation
Completely portable
• EE owns policy, names beneficiary
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Could You and Your Employees Benefit?
Need for life insurance as an employee benefit
Owns or controls business/professional practice
C corporation exists or can be integrated
Can spend $25,000+ annually for insurance premium
Motivated by potential income tax advantage
Maxed out on qualified plans
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Insurance OptionsUnder Section 79
Option 1: Permanent Benefits funded with cash value life insurance •Deductible to ER•Only partially includible in EE’s income•About 35-40% of premium excluded from taxable income
Option 2: Term death benefit* in same amount as Option 1•Deductible to ER •EE taxed at Table I rates for coverage >$50,000
Option 3: $50,000 term death benefit•Deductible to ER•Not taxable as income to EE
Tax advantages lost after year 5* Group term insurance is not underwritten or issued by Life Insurance Company of the Southwest
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Key Company Example
*Assumes 65% exclusion ratio. Your results will differ with product and underwriting
criteria. **Assumes preferred non-smoker and Secure Plus Advantage 79, form series
8593/8594/8593ID(0708)/8594ID(0708) is underwritten by Life Insurance Company of the Southwest,
Dallas, TX and may not be available in all states.
Age
W-2 Salary
Annual Premium
Average
Taxable Income
*
Death Benefit
(6.38 x W-2)
Owner
M 43 $350,000
$100,000 $62,298
$2,232,515
EE 1 F 45 $75,000 $20,315 $12,754
$478,500
EE 2 M 42 $37,500 $10,350 $6,146 $239,250
EE 3 M 37 $82,000 $19,007 $11,757
$523,560
EE 4 M 25 $25,000 $3,849 $2,100 $159,500
EE 5 F 33 $18,000 $3,198 $1,727 $114,840
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Key Company - Options 2 & 3
* Based on IRS Table I term rates
** The cost of the first $50,000 of group term is not taxable to EE
Age
Death Benefit
(6.38 x W-2)
Option 2 Group Term
Taxable Income*
Option 3 $50,000 Taxable Income*
EE 1 F 45 $478,500 $771 $0
EE 2 M 42 $239,250 $227 $0
EE 3 M 37 $523,560 $511 $0
EE 4 M 25 $159,500 $79 $0
EE 5 F 33 $114,840 $62 $0
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Supplementary Retirement IncomeUsing Insurance Policy Loans*
The plan provides permanent life insurance coverage
Policy cash value accumulates tax-deferred
If supplementary retirement income is needed, policy loans may be taken by the participant
Ultimately, the policy death benefit can continue to supplement income for a surviving spouse
*Policy loans and withdrawals reduce the policy’s cash value and death benefit and may result in a taxable event. Surrender
charges may reduce the policy’s cash value in the early years.
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Estate Tax Planning
The life insurance policy may be part of
an estate planning strategy
•Gift policy to Irrevocable Life Insurance Trust*
•Value for income and gift tax purposes = 60-65% of premium
•3-year rule triggered immediately* Trusts may involve complex tax rules and regulations. Clients should implement such
strategies only with the advice and assistance of competent tax and legal advisors.
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Reward & Retain Key People
Business owner wants to benefit key people only
Section 79 plan provides•Life insurance for income
replacement•Potential supplementary
retirement income through policy loans
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Section 79 in Tax-Exempt Entity
Charity wants to benefit Executive Director•Tax deduction doesn’t help Charity•But tax exclusion helps Director•Discounts the cost of life insurance for the Director
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Section 79 & Buy-Sell
Two 50/50 owners of C corp
Owners buy term policies on each other to fund death contingency
Section 79 policies help fund lifetime buyout
• Policy loans available for installment payments*
• Death benefits provide personal protection
* Policy loans and withdrawals reduce the policy’s cash value and death benefit and may result in a taxable event.
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What Could Go Wrong?
Tax laws can change 5-year funding commitment
•Policy must be able to sustain itself
if ER cannot contribute •Rank and file may elect options
more costly than $50,000 of group term coverage
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How it Works ER works with
• Financial representative• Legal and accounting professionals• Plan administrator (TPA)
Identify eligible employees Rank & file elect coverage option Life insurance applications completed Plan documents signed Corp makes contributions Policies issued to participants TPA calculates annual income inclusion