Split Dollar Life Insurance Tax Strategy

A Split Dollar Life Insurance tax strategy is an arrangement between an employer and an employee (or a key executive) where both parties share the costs and benefits of a life insurance policy. Here are the key components to consider:

1. Structure of Split Dollar Agreements

  • Two Main Types:
    • Collateral Assignment: The employer pays the premiums, and the employee is the insured. The employer is repaid from the death benefit or cash value.
    • Economic Benefit: The employer pays premiums for the policy, and the employee receives the economic benefit of the policy’s value.

2. Tax Implications

  • Premium Payments: Premiums paid by the employer can be considered a non-taxable fringe benefit for the employee, depending on the structure.
  • Economic Benefit Taxation: Employees may be taxed on the economic benefit of the policy, calculated based on the IRS tables, but not on the premiums paid by the employer.
  • Death Benefit Tax Exemption: Death benefits received by beneficiaries are generally income tax-free.

3. Benefits for Employers

  • Attracting and Retaining Talent: Split dollar arrangements can be used as a valuable employee benefit, enhancing retention of key talent.
  • Cost Recovery: Employers can recover premium costs through the policy’s cash value or death benefit.

4. Flexibility and Customization

  • Tailored Agreements: Split dollar arrangements can be customized to meet specific business and employee needs, including funding retirement or succession planning.

5. Compliance and Documentation

  • Written Agreements: It’s essential to have a formal written split dollar agreement outlining the terms, responsibilities, and benefits for both parties.
  • IRS Compliance: Ensure compliance with IRS regulations to avoid unintended tax consequences.

6. Consultation with Experts

  • Tax and Legal Advisors: Engaging with professionals specializing in tax and insurance can help structure effective split dollar arrangements aligned with business goals.

Conclusion

A Split Dollar Life Insurance tax strategy can provide significant benefits for both employers and employees by offering a flexible, tax-efficient way to fund life insurance while enhancing employee compensation packages. Proper planning and compliance are crucial for maximizing these advantages.

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