Tax Season? Time To Pitch The Tax Benefits of Life Insurance

February 14, 2010 at 07:00 PM
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"The weeks immediately following tax season are an especially good time to educate clients about how life insurance can help mitigate income taxes," says Elizabeth Sampson, a Beverly Hills, Calif.-based certified financial planner. "There's a greater awareness about tax-related issues among clients, especially those who got hit with a big tax bill."

That education process, sources tell National Underwriter, can start with an examination of the client's income tax return, specifically the taxable investments that cause clients the most pain come April 15. Among them: mutual funds, certificates of deposit, money market funds and bonds. By shifting funds from these taxable investments to tax-deferred vehicles, an advisor can reduce the client's tax liability and boost retirement savings.

Proper tax planning, conversely, can free up dollars to purchase additional insurance needed for the death benefit.

"What you're trying to do as an advisor is to reduce the tax burden through the use of tax-qualified savings vehicles," says Paul Games, a certified financial planner and principal of Pathfinder Financial Group, Newburyport, Mass. "The savings would allow the client to allocate extra money to buy insurance."

Enter permanent life insurance. The cash value component of a life insurance policy grows tax-deferred. And, at the insured's passing, death benefit proceeds are distributed to beneficiaries income tax-free.

Because of its preferential tax treatment, experts say, life insurance is often favored by business owners for funding employees' qualified retirement plans. Within the defined contribution plan arena, these include 401(k) plans, employee stock ownership plans (ESOPs), profit-sharing plans and, among non-profits, 403(b) plans.

Companies pay the life insurance premiums with tax-deductible dollars using income generated by 401(k) plan assets, such as a bond or mutual fund. Contributions to the premiums are generally limited to 25% of the owner's annual retirement plan contributions. (The IRS, however, regards the premium as taxable income.)

Permanent life insurance can also fund a traditional defined benefit or pension plan, which avail employers of the greatest potential tax savings. The reason: Tax-deductible contributions used to pay the premiums can exceed the IRS limit on defined contribution plans. (For 2010, total employer and employee contributions to a DC plan must be lesser of 100% of the employee's compensation or $49,000.)

"With a defined benefit plan, the business owner can potentially secure a very substantial income tax deduction," says Sampson. "And the tax-deductible dollars are used to pay for a needed asset–life insurance–which itself enjoys tax-favored treatment."

Funding a defined benefit with permanent insurance, observers say, carries other advantages. Among them: the business can complete retirement funding in the event of a premature death, the beneficiary receiving the death proceeds and the accrued benefit. And policies are portable. At an employee's termination or retirement, the insurance coverage can be continued, eliminating the need to convert to costly group insurance.

Tax benefits aside, experts caution that life insurance is only suitable inside qualified retirement plans for businesses that can count on a steady revenue stream.

"Funding a pension with life insurance requires consistent profitability," says Vincent Aimetti, a chartered financial consultant and agent at National Legacy Group, New Canaan, Conn. "Businesses that experience a lot of volatility in income are not good prospects because they may not be able to maintain the premiums."

How else can individuals use life insurance to minimize their annual income tax bite while maximizing savings for retirement?

One possibility, says Ed Zurndorfer, a chartered life underwriter and principal, EZ Accounting and Financial Services, Silver Spring, Md., is to use life insurance to cover the tax bill due on a conversion from a traditional individual retirement account to a Roth IRA, thereby securing tax-free income at retirement.

This year, say Zurndorfer, many clients will want do a conversion because of a temporary lifting on the income cap the IRS had in prior years imposed on Roth account holders. In 2010, taxpayers with modified adjusted gross incomes of more than $100,000 will be able to convert to a Roth and spread the income taxes due on the transaction over two years: 2011 and 2012.

For producers, sources say, heightened consumer awareness about the benefits of the Roth could yield additional life insurance sales. However, this strategy calls for converting to a Roth not in 2010, but at the death of the insured.

Under this scenario, the client would use required minimum distributions (from a traditional IRA) that are not needed to cover living expenses to fund life insurance premiums. The size of the policy's face amount would be based on the estimated income tax due on the conversion (and to be paid by the IRA's beneficiaries) at the time of the client's death. Should the client want to recover IRA assets used to pay the premium, a return of premium rider can be added to the policy.

An alternative to the Roth for securing tax-free income in retirement, sources say, is the maximum-funded variable universal life insurance policy. Used by high net worth clients who (until this year) could not fund a Roth because of the IRS cap on income, the technique entails contributing premiums up to the allowable limit under the Internal Revenue Code. (i.e., the point at which the policy would convert to a modified endowment contract or MEC). Typically funded over 5-15 years, the VUL policy's cash value grows tax-deferred. At retirement, the cost basis (premium contributions) can be withdrawn tax-free.

To be sure, this strategy is not as advantageous as the Roth in that policy earnings (cash value less premium contributions) grow tax-deferred but are subject to ordinary income tax at the time of withdrawal. Still, Sampson argues this strategy is attractive among a growing number of clients who expect to be in a higher tax bracket at retirement.

"Virtually everyone I speak to believes that tax rates will be going up to cover the government's mounting budget deficit," says Sampson. "This is always a big topic of discussion during tax time, but never more so than now."

To help move the conversation along about this and other tax-avoidance techniques involving life insurance, advisors say, it helps to be allied with knowledgeable certified public accountants who would be reviewing clients' financial statements during tax season. Ideally, the CPA would identify opportunities for a life insurance sale when preparing a client's tax return, then refer the client to a life insurance professional for follow-up. More often, however, the agent and CPA will simply exchange leads.

"Accountants can be the best source of referrals because they know which clients have a tax problem, are looking to increase their tax-deductions and fit the agent's [ideal client] profile," says Aimetti. "And they learn about this all during tax season because individuals are forced to put their finances on the table."

Samson agrees, but adds that tax season is precisely the time to avoid approaching accountants for referrals because they're too busy preparing clients' returns for filing.

"I can't get any accountants on the phone during tax season," she says. "The number one issue on their minds at this time isn't life insurance, but tax preparation."

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