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"As part of a sound
financial plan, life insurance enables people to
face challenges and have peace of mind about the
future"
--President
George W. Bush in 2006 when September was designated
Life Insurance Awareness
Month | Peace
of mind is no trivial matter, yet many Americans, young and
old, underestimate the value of having adequate life insurance
and misunderstand the reasons for it. Young people often think
that life insurance is for their parents or grandparents. At
the other end of the spectrum, many people approaching
retirement think it's an unnecessary
expense.
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Life
Insurance, Income Tax, and Your Business
The taxability issues surrounding a
company-owned life insurance policy are complex and
depend on a number of factors. Here are a few
considerations:
- If your sole-proprietorship owns a key-employee
policy, the proceeds might be excludable from income.
But since the company will be the recipient of the
proceeds, you cannot deduct the premiums.
- If your company is a C corporation that receives
death benefits from a life insurance policy, the death
benefits may increase the corporation's liability for
the alternative minimum tax.
- For corporate owned life insurance policies issued
after the enactment of the Pension Protection
Act on August 17, 2006, the death benefits (in
excess of premiums paid) may have to be included in
taxable income. There are some complex exceptions, so
it's a good idea to examine them with your tax
adviser.
Life insurance can be a great asset for your business
but it's important to understand the potential tax
implications. Your tax adviser can help sort through the
issues. |
Despite these
beliefs, many people in a wide range of age groups can benefit
from life insurance. The right policy can establish financial
security for your family and your business.
Before it's too
late, here are six points to consider about life insurance.
| 1. |
The
Proceeds From a Policy Are Generally Tax
Free |
In general, if
you receive a life insurance payout because of the death of an
insured person such as your spouse, the benefits are not
taxable income and do not need to be reported to the IRS.
However, if you receive interest payments related to the
policy, the interest is taxable income and must be reported.
There are
exceptions that can render life insurance proceeds taxable.
One example is when a policy is acquired through a transfer
for valuable consideration. In that case, you can only exclude
from taxable income the amount of consideration you gave, plus
any premiums paid after the transfer. (See the right-hand box
for more exceptions.)
| 2. |
It Only Replaces
Income From Working,
Right? |
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Many people
have misconceptions about who needs life insurance. For
example:
Life
Insurance isn't necessary for a stay-at-home
parent. Does a non-working spouse need
life insurance since he or she doesn't contribute income
from a job? Yes, because the surviving spouse will need
additional income to replace the many services provided by
a primary caregiver of children. And the amount needed is
often more than people expect. Plus, whether or not a
spouse works outside the home, if he or she passes away,
the surviving spouse may need to take time off rather than
going back to work right away.
Life
insurance is no longer needed when retirement
approaches. If, after retirement, a
household only includes a couple living comfortably on
their nest egg, they may not see any need to spend money
on life insurance. However, if they have a pension that
will vanish when one or the other dies (depending on who
owns the pension), they should have a way to replace the
income. Also, many people help support their elderly
parents and adult children so those responsibilities need
to be taken into account.
Even if you plan to spend your
entire nest egg during your retirement years, life insurance
allows you to leave a substantial sum of money to your
children or to a favorite charity as a legacy.
| 3. |
A Policy Can
Provide a Source of Emergency Cash
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If you own a
whole life insurance policy, you can generally draw loans
from the accumulated cash value. Unlike a standard loan,
there is no need to get bank approval before taking funds
from your life insurance policy. Many business owners buy
whole life policies partly so they will have a ready source
of cash to get them over tough spots. You can also
surrender the policy for cash. If however, the proceeds are
more than the cost of the policy (your investment in terms
of total premiums less any refunded premiums, rebates,
dividends, or unpaid loans that were not included in your
income) you will need to include the excess in your taxable
income.
| 4. |
It Can
Serve as
Collateral |
A company-owned
life insurance policy or a policy that is individually
owned can serve as collateral for a loan. You can also
use a life insurance policy to secure financing on business
equipment. To secure a debt or collateralize a loan with a
term policy, you make the lender the beneficiary up to
the amount of the debt. The balance of the
proceeds would then be paid to your other
beneficiaries. When a whole life policy is used as
collateral, the lender is protected from default, even
if a policy holder doesn't die, by the cash surrender
value.
| 5. |
A
Policy Can Protect Your Business
Future |
You can spend
a lifetime building your business, only to have it swept
away by the death of a key employee, whether that key person
is you or someone else. If your revenue depends heavily on
the work of a star-quality salesman, you should consider
having a key-employee policy on him. Real talent takes time
to replace, and a key-employee life insurance policy allows
businesses some time to find the right person. Again, you
can keep the cost low by buying a term policy, or if you buy
a whole life policy, it will do double duty as a source of
ready cash.
| 6. |
It
Can Be Provided as an Employee
Benefit |
Group life
insurance is generally inexpensive and companies can make it
available to employees as an employer-provided benefit or
a voluntary benefit that costs little or nothing. When
offered as a voluntary benefit, employees select the level
of coverage they want and pay for it themselves through
payroll deductions.
For all these reasons, it's a
good time to talk with your tax and estate attorney,
Ronald J. Cappuccio, J.D., LL.M.(Tax) at (856)
665-2121, who can help determine with your
insurance agent, that you have adequate life insurance
coverage. In order to leave your loved ones and your
business financially secure, they will evaluate your needs,
such as funeral costs, outstanding medical expenses, estate
settlement fees, ongoing business expenses, credit card
debts and mortgages.
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