Assignment 12 - Accumulating and Deploying Cap for Targeted Goals Flashcards
- CV accumulation is guaranteed as a $ amt + determinable interest by insurance comp.
- inv. authority + risks are borne by the ins. comp.
- if ins. comp becomes insolvent - owners become general creditors of the insurer
- COSTS - recover from the spread b/t current i/r pd on value and rate earned by insurer on its portf.
fixed dollar annuity
sales charges deducted from the premiums when an annuity is purchased
front-end load
charges imposed on if more than a certain amt of the contract is w/drawn w/in a specified period of time after purchase
surrender charges
- cap appreciation plan
- accts maintained for select EEs reflecting the full value of a certain amt of ER stk but contains no actual stk
- value of stk varies and is pd out to the exec at some point
phantom stock
- cap. appreciation plan
- arrangement by which a corp. grants stk or stk option to an EE, but ownership of the stk is subject to a substantial risk of forfeiture
- grant of stk is taxed as ord. income at FMV less any cost to EE (when stk is no longer subj. to substantial risk of forf.
- Sect. 83 can be applied here for tax reasons because option holder believes that his/her performance will improve the stk to the extent that taking taxes now will be more tax-advantageous than waiting until fully vested
restricted stk plan
ER stk plans that are not based on any special tax law provisions related to them, but are governed by general tax law principles
principles are governed by Sect. 61 and 83
nonstatutory plans
type of fixed $ annuity that combines a minimum insurance company guarantee w/ an additional interest earnings component linked to a stk mkt index
equity indexed annuity
annuity that allows the owner to choose when to pay periodic premiums to build up the annuity value
pmts can be chg’d or discontinued at owner’s discretion
flexible premium annuity
types of Indiv. Retirement Accts (IRAs)
- Regular (earnings-related) traditional IRA
- Rollover traditional IRA
- nondeductible IRA
- Roth IRA (earnings related)
- Roth IRA (conversion from traditional IRA)
- Spousal IRA
- Coverdell Education Savings Acct (Education IRA)
- SEP-IRA
- SIMPLE-IRA
Certian conditions for an IRA
- indiv. retirement accts
- indiv. retirement annuity
type of IRA that is set up under the terms of a written trust or custodial acct w/ fiduciary instit. that meets IRS requirements
most are custodial accts
indiv. retirement acct
- flexible premium annuity contract through an IRA
- purpose is to assure the annuitant an income that can’t be outlived
- owner pays specified sum in return for periodic pmts that will go for as long as the life
- partly principal and inv. income
- contract issued by an ins. company
- owner’s interest is non-forfeitable
- if security for loan - deemed as a distrib.
- cannot be borrowed against or given away to others
- balances can be subj. to creditor if state laws have that
indiv. retirement annuity
(2) tax adv for traditional IRAs
- owner receives a current income tax ded. for contrib.
- inv. earnings on assets w/in the IRA grow w/o current taxation until distrib. are made from the acct - then taxed at current income taxation levels
tax treatment of w/drawals of traditional IRAs
- fully taxable as ordinary income, since no tax has been paid on the money in the type of IRA
- if occuring before owner is 59 1/2, additional 10% penalty tax will be put on the taxable amt of distrib. unless for a hardship
- required distributions begin at 70 1/2
Rollover traditional IRAs
- receive elig. rollover distrib. from qualified retirement plans, tax-sheltered annuities (TSAs) and Sect. 457 gov’t deferred-comp plans
- may also occur from and IRA to a qualifed plan, a TSA, or 457 plan
tax adv. of ROTH IRA
investment earnings and cap gains will never be taxed since distrib. from ROTH IRA are income tax-free (if qualified distrib.)
qualified distrib. from ROTH IRA
distrib must be made at least 5-yrs after the tax yr in which a person made the first contrib.
AND
- on or after the person attains the age of 59 1/2
- on acct of the person’s death or disability
- as a qualified first-time home buyer distrib.
if it doens’t meet these - the untaxable will become taxable income and the 10% penalty tax will be enforced
requirements for Spousal IRAs
- married filing a joint return
- one of the spouses has no comp during that tax year
- max contrib. to both spouse and working spouse’s IRAs is smaller of 100% of working spouse’s comp or the applicable $ limits for that year
- can be traditional or Roth IRA
- separate accts
Are there any legal limits on the amt of annual contrib. to an annuity contract?
NO
contib. are made on an A/T basis rather than on a P/T basis
Limitations on early distributions for annuities
- most have reducing surrender charges if distrib. are taken during early years of contract
- other than certain exceptions, they are subj. to 10% penalty tax on early distrib. if owner isn’t 59 1/2
- contracts generally specify a max age in which mandatory distrib. must take place (doesn’t have to follow tax law)
- type of annuity that the owner designates among various inv. funds as to where the annuity premiums are to be invested.
- no current tax liability in reallocating CVs; just separate accts
- inv. returns depends on perf. of separate accts where funds are allocated
- inv. authority and risk resides with owner NOT ins. company
- COSTS - levy charges annually against the contract’s accumulated value
variable annuities
(2) categories of ER Stock Plans
- statutory
- nonstatutory
ER stk plan that the IRC allows special tax adv. if certain requirements are met
statutory plans
tax law requirements for Incentrive Stk Options (ISOs)
- term of option cannot exceed 10 yrs
- option price must be <= value of stk when option was granted
- no disposition can be made w/in 2 yrs from granting the option or w/in 1 yr of transfer of the stk to him/her after exercise of the option
- option must be nontrasferabel except by will or inheritance at death
- max value of stk to be exercised by first timer cannot exceed $100,000
main tax adv of ISO
no regular income tax
EE is taxed only when it is sold; any gain realized is taxed as cap gain