Insurance Planning Flashcards
Definitions of Disability
- Own Occupation (best for insured)
- Modified any occupation
- Split definition (own then occupied)
- Any occupation (social security definition)
- Loss of income
Disability Income policy continuance provisions
- Noncancellable “noncan”: continuous term policy guirunteeing insured’s right to maintain the policy at the stated premium
- Guarunteed renewable: continuous right to maintain the policy, but the insurer may increase the premium by class of insureds
Taxation of disability policy (Individual owns and pays)
- Premiums not deductible
- benefits are tax-free to the EE
Taxation of disability policy (ER pays entire premium under bonus arrangement such as section 162)
- Premiums are deductible by ER as a bonus
- Benefits tax-free to EE
Taxation of disability policy (ER pays entire premium under salary continuation plan - group plan)
- Premiums deductible by the ER
- Benefits taxable to EE
Permanent Life Insurance - Low risk tolerance
- Insurance company controls investment return
- Assets part of general account
- Whole Life
- Universal Life
Permanent Life Insurance - High risk tolerance
- Client “controls” investment return
- Assets part of separate account
- Variable life
- Variable Universal Life
Dividend Options (HINT: CRAPO)
- Cash
- Reduced premium
- Accumulate w/ interest
- Paid-up additions
- One-year term / 5th dividend
Nonforfeiture Options
- Cash
- Extended Term
- Paid-up reduced amount
Settlement Options
- Cash
- Pure life/single life
- Refund
- Period Certain
- Specified income/period
- Interest only
Modified Endowment Contract (MEC)
- Entered into after June 21, 1988
- Fails to meet “seven pay test”
- Distributions/withdrawals taxed LIFO (interest first)
- Distributions pre 59.5 subject to 10% fed tax penalty if not disabled
- Tax-free death benefit
Grandfathered MEC Life Insurance rules
- If DB increases by $150k or less and insured has guaranteed insurability, policy will NOT los it’s grandfathered (non-MEC) status
- If policy increases by any amount and the insured must prove insurability, policy MAY lose grandfathered (non-MEC) status.
Proceeds taxable due to transfer for value
- If interest in LI policy is transferred for valuable consideration, proceeds in excess of consideration paid, combined with any premiums paid by the owner, are taxable as ordinary income.
Proceeds taxable due to transfer for value EXCEPTIONS
- Sale or transfer to the insured
- Sale or transfer to a partner or partnership where the insured is a partner
- A corporation in which the insured is a Shareholder or officer
- Divorce
1035 Tax Free Exchange rules
Yes:
- Life –> Life
- Life –> Annuity
- Annuity –> Annuity
NO:
1. Annuity –> Life
Buy/Sell – stock redemption vs stock purchase
Stock Redemption: no step-up in cost basis
Cross-Purchase: Step-up in basis
Split-Dollar Insurance– EndoRsement Method vs. Colleteral aSSignment Method
EndoRsement Method:
- ER is owneR
- EE not a shareholdeR
Collateral aSSignment Method:
- EE is owner
- EE is a shareholder
- EE aSSignes the policy
Annuity Taxation
Periodic Payments:
Basis/Payout = Tax-free
Lump Sum:
- LIFO
- Ordinary income plus 10% tax penalty pre 59.5
Flexible Spending Arrangement (FSA)
- EE’s contribution is an elected salary reduction and not subject to income taxes, FUTA or FICA
- ER may contribute (taxable as income only if used if ER makes contributions to pay for coverage for LTC)
- No reporting requirements on tax return
- Not eligible to self-employed persons
- Can’t be used to reimburse EE for health insurance premiums, LTCI (premiums or expenses), amounts covered under another health plan (such as HSA, MSA)
Major tax-free fringe benefits
- Health insurance premiums
- Insurance premiums on non-discriminatory group life up to $50k
- Company car for working conditions only
- ER-provided transit passes or parking ($270/moth cap each)
- Occasional overtime meal money
- Cab fair
- Theater or sporting event tickets
- Discounts on services limited to 20%
Taxable fringe benefits
- Health insurance premiums paid for SE, partners, >2% owners of S corp are taxable income; however, 100% is deductible as adjustment on 1040.
Basic insurance concept - RISK
A condition where there is a possibility of loss (exposure to loss exists)
Examples:
- Starting a business
- Buying real estate
Basic insurance concept - PERIL
The cause of a possible loss – the event insured against.
Examples:
- Windstorm
- Fire
- Theft
Basic insurance concept - HAZARD
A condition that may create or increase the chance of loss arising from a given peril.
Examples:
- Owning a home on an earthquake fault line
- Owning a home by a river
Elements of Insurance
- Large number of homogeneous exposure units
- Loss must be definite and measurable
- Must be fortuitous or accidental
- Must not be catastrophic (for insurance company)
Methods to avoid/reduce loss
- Avoidance
- Diversification
- Transference (this is INSURANCE…..)
- Retention (recognize risk exists and assume losses…Deductible, co-insurance)
- Risk reduction (ex: install sprinkler system)
Insurable interest
Property/Casualty: At inception and at time of claim
Life: At inception but not at time of claim
What is the Declarations section of an insurance policy?
Provides factual statements that identify the specific person, property or activity being insured
What is the Definitions section of an insurance policy?
Explanation of key policy terms
What is the insuring agreements section of an insurance policy?
Spells out the basic promise of the insurance company