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September 9 2013

Ancillary Benefit Of Owning A Captive Insurance Company – Efficient Transfer Of Wealth To Heirs

Randy Sadler Captivating Thinking

A fabulous ancillary benefit of a captive  insurance company is that it can provide a very efficient vehicle for the transfer of wealth to one’s heirs.  But, before discussing this unique benefit, it’s worthwhile to  review the primary reasons that businesses form their own insurance company – specifically a captive insurance company.

 

  1. To manage business risk by formally self-insuring certain risks with pre-tax dollars
  2. To protect assets from creditors of the operating business and its owners or other risks
  3. To realize profits and accumulate wealth inside of a separate business entity

These three  are well known as the primary reasons that legitimate captive insurance companies are formed.  However, a captive insurance company can also afford many ancillary benefits to its owners including utilization as an incredibly efficient means of transferring assets or wealth to one’s heirs.

Common Obstacles Preventing the Efficient Transfer of Assets or Wealth to One’s Heirs  

A challenge common to many business owners is the transfer of assets and wealth (including the business itself) to the owner’s heirs.  Estate tax, also known as the “death tax” can be stifling.  And, many estates spend prolonged periods of time in probate while legal fees mount.

The Solution

One solution that many business owners choose is to set-up businesses as suppliers or vendors to their core business.  For example, a business owner may choose to lease land and capital equipment from a business owned by an heir.  Or, as another example, a business owner may choose to purchase components or services (E.G. delivery, painting, testing, etc.)  But, what if one’s heirs don’t want to own and manage a business?

 

Role of a Captive Insurance Company in the Solution

This problem is easily solved by partnering with one’s heirs to set-up a captive insurance company.  The captive can be partially or wholly owned by one’s heirs.  And, it can be managed by a professional firm like CIC Services, LLC.  Hence, the heirs will not be required to run the insurance company on a day-to-day basis.

When a business forms a captive insurance company and uses it to formally insure risks that it previously informally self-insured, two relevant things happen.

First, the business has a more comprehensive risk management strategy.  A captive insurance company enables a business to ensure a broader spectrum of risks.  It also enables a company to access reinsurance markets, which can often lower total costs of insurance.

Second, the business receives a tax deduction for premiums paid to the captive.  The business transfers cash to the captive insurance company in the form of premiums.

There are additional benefits as well.  Small captive insurance companies pay a zero percent tax on their underwriting profits under the Internal Revenue Code – up to $1.2 million annually.   Thus, premiums received by the captive (owned by the heirs) in the example above is received tax-free even though they were tax deductible to the business that paid it.   Thus, the reduced tax friction of the captive arrangement enables a more efficient transfer of wealth to one’s heirs.

But, What About Claims? 

Won’t the captive have to pay claims on policies sold to the operating business?  Of course it will.  But claims paid to the core business from the captive are obviously needed in the event of a loss to the core business.  And, the money “stays in the family” so to speak.  Also, a properly structured and managed captive with stop-loss and reinsurance coverage can  manage claims so that assets (reserves) are almost always growing inside the captive.

What Is A Captive Insurance Company?

 A captive is a unique insurance company.  It includes its own corporation, insurance license, reserves, policies, policyholders, and claims.  It is a formal way for business owners to self-insure risk, and captives are generally formed to insure primarily though not exclusively the risks of one or more businesses owned by the same or related parties.

How Does a Captive Insurance Company Work?

A captive primarily insures its parent company or related companies.  Hence, the parent company is able to purchase insurance from its captive, and it can insure risks that third party insurers will not insure or risks where third party insurance cost is unaffordable.

What Is The CIC Services Difference?

The primary reason for forming a captive is ALWAYS risk management.

All risk management is Financial.  It’s all about the money.

A financially strong captive is a more powerful risk management tool.

CIC Services LLC structures captives to optimize both risk management and asset accumulation.  The greater the asset accumulation, the more effective the captive is to serve its insured parties and owners.

We do this through the following:

–          Comprehensive Business Risk Assessment

–          Strategic Risk Management Plan

–          Superior Structuring within a Captive

–          Superior Asset Management Strategies

–          Superior Exit Strategies

Captives As An Insurance Vehicle Against Cyber Attacks Ancillary Benefit Of Owning A Captive – Facilitating The Sale Of Your Business

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9721 Cogdill Road, Suite 202
Knoxville, TN 37932
Phone: 865.248.3044
Fax: 865.966.1199

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Stronger Business Model

Businesses who implement ERM programs combined with a captive to plan for unforseen risks stand a better chance of surviving, and passing to the next generation.

Improved Cost Controls

Captive owners can leverage their ERM and captive programs to improve their negotiating ability when renewing their commercial insurance coverages.

Wealth Accumulation

Profitable captives will see their reserves grow over time to significant sums which can be utilized by their owners for retirement or other life cycle needs.

Advantageous Tax Treatment

Insurance companies are the only entities allowed to expense projected future expense against current-year revenues (claim reserves). Small captives (premiums of $2.2M or less per year) may also elect to only be taxed on their investment income, potentially resulting in substantial tax savings for their owners.

Insurance Profits

Utilizing your captive to reduce or replace your commercial insurance coverage with policies issued by your captive allows you to capture insurance profits previously realized by the carriers.

Improved Risk Management

Adding a captive and ERM program will result in a higher awareness and enhanced strategies for how your organization thinks about and plans for all risks.

Asset Protection

The assets held by a properly organized and managed captive enjoy a very high degree of protection from both the business’ and business owner’s creditors.