Split-Dollar Life Insurance

Life insurance can be an important part of a business owner’s financial strategy. It can also be a great benefit to offer to key employees. However, sometimes the cost can be prohibitive. With split-dollar life insurance, the cost of life insurance can be managed by splitting it up.

To be clear, split-dollar life insurance is not an insurance product but rather an arrangement to purchase and fund life insurance between two parties, generally an employee and an employer.

Basically, an agreement is made under which a life insurance policy is purchased on an individual. The employer will pay all or a portion of the premiums on the policy, depending on the arrangement. When the individual dies, the employer receives a portion of the death benefit equal to the amount paid in premiums. The remaining benefit goes to the individual’s beneficiaries.

For example, if a $200,000 policy were purchased for an individual who died after the employer had paid $28,000 in premiums, then the employer would get back the money it had paid in premiums and $172,000 would go to the insured individual’s beneficiaries.

This agreement is attractive to both parties because the employer recoups its money and the employee receives a life insurance policy at a better rate because the company is picking up all or a portion of the cost. The death benefit is free of income tax for both parties as well.

A split-dollar life insurance arrangement can be used for a variety of reasons.

  • Split-dollar life insurance can be used to fund a buy-sell agreement.
  • It can be used as a benefit to recruit and retain quality executives.
  • Business owners who might not otherwise be able to afford life insurance might benefit from a split-dollar arrangement.

There are different ways to set up split-dollar life insurance. Usually, the individual owns the policy and designates beneficiaries, then by absolute assignment transfers to the employer an amount equal to the premiums paid by the employer. In this case, the individual retains all ownership rights, but when the individual dies, the employer is reimbursed before the individual’s named beneficiaries are paid. If the individual leaves the company, any cash value in the policy would be used to repay the company.

In other arrangements, the policy can be purchased by the employee and assigned to the employer as collateral in exchange for the employer paying the premiums. Because the company holds the policy as collateral, it can be confident that it will recoup the money spent on the insurance premiums.

In some cases, the employer can take out a life insurance policy on the employee. The employer names itself as a beneficiary of an amount equal to the cash value and designates that any funds in excess of that amount will be paid to the individual’s beneficiaries.

The cost and availability of life insurance depend on factors such as age, health, and the type and amount of insurance purchased. Before implementing a strategy involving life insurance, it would be prudent to make sure that you are insurable.

As with most financial decisions, there are expenses associated with the purchase of life insurance. Policies commonly have contract limitations, fees, and charges, which can include mortality and expense charges.

The information in this article is not intended to be tax or legal advice, and it may not be relied on for the purpose of avoiding any federal tax penalties. You are encouraged to seek tax or legal advice from an independent professional advisor. Give TLC a call with your questions.

Investment Tax Planning Grids

After all the 2011/2012 comparison grids we’ve published you must be wondering, “Is there nothing that remains the same as last year?” The answer is, yes. Investment tax rates remain the same. Don’t believe us? See this last one, below, or give us a call.

Tax on long-term capital gains

2011 2012
Taxpayers in tax rate brackets greater than 15% 15% 15%
Taxpayers in tax rate brackets 15% or less 0% 0%

Tax on dividends

Maximum tax rate on dividends received by an individual shareholder from domestic and qualified foreign corporations 2011 2012
Taxpayers in tax rate brackets greater than 15% 15% 15%
Taxpayers in tax rate brackets 15% or less 0% 0%

Retirement Planning 2011 and 2012 Grids

Employees and business need to be aware of various changes related to retirement planning in 2012. See the tables below or, as always, just give us a call.

Employee/individual contribution limits

Elective deferral limits 2011 2012
401(k) plans, 403(b) plans, 457(b) plans, and SAR-SEPs 1 (Includes Roth 401(k) and Roth 403(b) contributions) Lesser of $16,500 or 100% of participant’s compensation Lesser of $17,000 or 100% of participant’s compensation
SIMPLE 401(k) plans and SIMPLE IRA plans1 Lesser of $11,500 or 100% of participant’s compensation Lesser of $11,500 or 100% of participant’s compensation

1 Must aggregate employee contributions to all 401(k), 403(b), SAR-SEP, and SIMPLE plans of all employers. 457(b) plan contributions are not aggregated. For SAR-SEPs, the percentage limit is 25% of compensation reduced by elective deferrals (effectively, a 20% maximum contribution).

IRA contribution limits 2011 2012
Traditional IRAs Lesser of $5,000 or 100% of earned income Lesser of $5,000 or 100% of earned income
Roth IRAs Lesser of $5,000 or 100% of earned income Lesser of $5,000 or 100% of earned income
Additional “catch-up” limits (individuals age 50 or older) 2011 2012
401(k) plans, 403(b) plans, 457(b) plans, and SAR-SEPs2 $5,500 $5,500
SIMPLE 401(k) plans and SIMPLE IRA plans $2,500 $2,500
IRAs (traditional and Roth) $1,000 $1,000

2 Special catch-up limits may also apply to 403(b) and 457(b) plan participants.

Employer contribution/benefit 3 limits

Defined benefit plan limits 2011 2012
Annual contribution limit per participant No predetermined limit. Contributions based on amount needed to fund promised benefits No predetermined limit. Contributions based on amount needed to fund promised benefits
Annual benefit limit per participant Lesser of $195,000 or 100% of average compensation for highest three consecutive years Lesser of $200,000 or 100% of average compensation for highest three consecutive years
Defined contribution plan limits (qualified plans, 403(b) plans, SEP, and SIMPLE plans) 2011 2012
Annual addition limit per participant (employer contributions; employee pretax, after-tax, and Roth contributions; and forfeitures) (does not apply to SIMPLE IRA plans) Lesser of $49,000 or 100% (25% for SEP) of participant’s compensation Lesser of $50,000 or 100% (25% for SEP) of participant’s compensation
Maximum tax-deductible employer contribution (not applicable to 403(b) plans) 25% of total compensation of employees covered under the plan (20% if self employed) plus any employee pretax and Roth contributions; 100% for SIMPLE plans 25% of total compensation of employees covered under the plan (20% if self employed) plus any employee pretax and Roth contributions; 100% for SIMPLE plans

3 For self-employed individuals, compensation generally means earned income. This means that, for qualified plans, deductible contributions for a self-employed individual are limited to 20% of net earnings from self-employment (net profits minus self-employment tax deduction), and special rules apply in calculating the annual additions limit.

Compensation limits/thresholds

Retirement plan compensation limits 2011 2012
Maximum compensation per participant that can be used to calculate tax-deductible employer contribution (qualified plans and SEPs) $245,000 $250,000
Compensation threshold used to determine a highly-compensated employee $110,000 (When 2011 is the look-back year) $115,000 (When 2012 is the look-back year)
Compensation threshold used to determine a key employee in a top-heavy plan $1 for more-than-5% owners $160,000 for officers $150,000 for more-than-1% owners $1 for more-than-5% owners $165,000 for officers $150,000 for more-than-1% owners
Compensation threshold used to determine a qualifying employee under a SIMPLE plan $5,000 $5,000
Compensation threshold used to determine a qualifying employee under a SEP plan $550 $550
Traditional deductible IRA income limits–Income phase-out range for determining deductibility of traditional IRA contributions for taxpayers covered by an employer-sponsored plan and filing as: 2011 2012
Single $56,000-$66,000 $58,000-$68,000
Married filing jointly $90,000-$110,000 $92,000-$112,000
Married filing separately $0-$10,000 $0-$10,000
Traditional deductible IRA income limits–Income phase-out range for determining deductibility of traditional IRA contributions for taxpayers not covered by an employer-sponsored retirement plan but filing a: 2011 2012
Joint return with a spouse who is covered by an employer-sponsored retirement plan $169,000-$179,000 $173,000-$183,000
Roth IRA compensation limits–Income phase-out range for determining ability to fund Roth IRA for taxpayers filing as: 2011 2012
Single $107,000-$122,000 $110,000-$125,000
Married filing jointly $169,000-$179,000 $173,000-$183,000
Married filing separately $0-$10,000 $0-$10,000

What Types of Health Coverage Are Available?

Rising health-care costs have driven the demand for, and the price of, medical insurance sky-high. The availability of group coverage through employment has helped many Americans face such costs. However, people who are not currently covered by their employers have few affordable sources for group coverage. If you are not covered at work, inquire about coverage through your religious affiliation, professional organizations, or alumni association.

Individuals seeking medical coverage on their own can explore purchasing an individual health insurance policy. And those aged 65 and older may qualify for Medicare coverage.

There are three general classifications of medical insurance plans: fee-for-service (indemnity), managed care (e.g., HMOs and PPOs), and high-deductible health plan (HDHP). Older persons may be eligible for Medicare coverage.

Fee for Service

With a basic fee-for-service (indemnity) insurance plan, doctors and hospitals are paid a fee for each service provided to insured patients.

Indemnity plans normally cover hospitalization, outpatient care, and physician services in or out of the hospital. You select the service provider (physician) for consultation or treatment. You are then billed for the service and reimbursed by the insurance company, or you can “assign” direct payment to the provider from the insurance company. Indemnity plans typically require the payment of premiums, deductibles, and coinsurance. Limits on certain coverage or exclusions may apply. Because many policies have lifetime limits on benefits that the insurance company will pay, you should look for a policy with a lifetime limit of at least $1 million.

Managed Care

Managed-care plans became popular in the 1990s as a way to help rein in rising medical costs. In managed-care plans, insurance companies contract with a network of doctors and hospitals to provide cost-effective health care. Managed-care plans include health maintenance organizations (HMOs), preferred provider organizations (PPOs), and point-of-service (POS) plans.

Health maintenance organization. An HMO operates as a prepaid health-care plan. You normally pay a monthly premium in addition to a small copayment for a visit to a physician, who may be on staff or contracted by the HMO. Copayments for visits to specialists may be higher. The insurance company typically covers the amount over the patient copayment amount.

Each covered member chooses or is assigned a primary-care physician from doctors in the plan. This person acts as a gatekeeper for his or her patients and, if deemed necessary, can refer patients to specialists who are on the HMO’s list of providers. Because HMOs contract with doctors and physicians, costs are typically lower than in indemnity plans.

Preferred provider organization. A PPO is a managed-care organization of physicians, hospitals, clinics, and other health-care providers who contract with an insurance company to provide health care at reduced rates to individuals insured in the plan. The insurance company uses actuarial tables to determine “reasonable and customary” fees for each type of service, and health-care providers accept the PPO’s fee schedule and guidelines.

The insured can see any doctor or hospital within a preferred network of providers and pays a copayment for each visit. Insured individuals have to meet an annual deductible before the insurance company will start covering health-care services. Typically, the insurance company will pay a high percentage (often 80%) of the costs to the plan’s health-care providers after the deductible has been met, and patients pay the balance.

Although insured individuals can choose physicians or providers outside the plan without permission, patient out-of-pocket costs will be higher; for example, the initial deductible for each visit is higher and the percentage of covered costs by the insurance company will be lower. Because PPOs provide more patient flexibility than HMOs, they may cost a little more.

Point-of-service plan. A POS health-care plan mixes aspects of an HMO and a PPO to allow greater patient autonomy. POS plans also use a network of preferred providers whom patients must turn to first and from whom patients receive referrals to other providers if deemed necessary. POS plans recommend that patients choose a personal physician from inside the network. The personal physician can refer patients to other physicians and specialists who are inside or outside the network. Insurance companies have a national network of approved providers, so insured individuals can receive services throughout the United States. Copays tend to be lower for a POS plan than for a PPO plan.

High-Deductible Health Plan

An HDHP provides comprehensive coverage for high-cost medical bills and is usually combined with a health-reimbursement arrangement that enables participants to build savings to pay for future medical expenses. HDHP plans generally cover preventive care in full with a small (or no) deductible or copayment. However, these plans have higher annual deductibles and out-of-pocket limits than other insurance plans.

Participants enrolled in an HDHP can open a health savings account (HSA) to save money that can be used for current and future medical expenses. There are annual limits on how much can be invested in an HSA. The funds can be invested as you choose, and any interest and earnings accumulate tax deferred. HSA funds can be withdrawn free of income tax and penalties provided the money is spent on qualified health-care expenses for the participant and his or her spouse and dependent children.

Remember that the cost and availability of an individual health insurance policy can depend on factors such as age, health (pre-existing conditions), and the type of insurance purchased. In addition, a physical examination may be required.

Medicare

Medicare is the U.S. government’s health-care insurance program for the elderly. It is available to eligible people aged 65 and older as well as certain disabled persons. Part A provides basic coverage for hospital care as well as limited skilled nursing care, home health care, and hospice care. Part B covers physicians’ services, inpatient and outpatient medical services, and diagnostic tests. Part D prescription drug coverage is also available.

Medicare Advantage is a type of privately run insurance plan that includes Medicare-approved HMOs, PPOs, fee-for-service plans, and special needs plans. Some plans offer prescription drug coverage. To join a Medicare Advantage plan, you must have Medicare Part A and Part B and you have to pay the monthly Medicare Part B premium to Medicare, as well as the Medicare Advantage premium.

Medicare Supplement Insurance, or Medigap, is sold by private insurance companies and is designed to cover the deductibles and copayments that Medicare doesn’t cover. At one point, there were more than 200 different policies available. Then the National Association of Insurance Commissioners stepped in and created 10 standard packages of coverage, designated by the letters A through J. Since June 2010, plans E, H, I, and J have not been sold, although you are able to keep your plan if you already had one of these plans before June 2010. There are also two new policies (plans M and N) that offer different benefits and premiums. Plans D and G bought on or after June 1, 2010, have different benefits than D and G plans bought before June 1, 2010 (although the benefits won’t change for those who participated in these plans prior to June 1). Only Medigap insurers are able to offer these plans. Although each standardized plan is identical from insurer to insurer, prices may differ and all these plans may not be available in every state.

The information in this article is not intended to be tax or legal advice, and it may not be relied on for the purpose of avoiding any federal tax penalties. You are encouraged to seek tax or legal advice from an independent professional advisor. Give TLC a call if you’ve got questions.

Government Benefits 2011 and 2012 Grids

There have been a number of changes in government benefits and tax rates for 2012. See the tables below for info, or just give us a call.

Social Security

Social Security Cost-of-living adjustment (COLA) 2011 2012
For Social Security and Supplemental Security Income (SSI) beneficiaries 0.00% 3.60%
Tax rate–employee 2011 2012
FICA tax — Employee 5.65%1 5.65% / 7.65%2
Social Security (OASDI) portion of tax ) 4.20%1 4.20% / 6.20%2
Medicare (HI) portion of tax 1.45% 1.45%
Tax rate–self-employed 2011 2012
Self-Employed 13.30%1 13.30% / 15.30%2
Social Security (OASDI) portion of tax 10.40%1 10.40% / 12.40%2
Medicare (HI) portion of tax 2.90% 2.90%

1 The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 included a 2% reduction in the Social Security (OASDI) portion of FICA tax for 2011.

2 The Temporary Payroll Tax Cut Continuation Act of 2011 extended the 2% reduction through February of 2012.

Maximum taxable earnings 2011 2012
Social Security (OASDI only) $106,800 $110,100
Medicare (HI only) No limit No limit
Quarter of coverage 2011 2012
Earnings required $1,120 $1,130
Retirement earnings test–exempt amounts–Under full retirement age–Benefits reduced by $1 for each $2 earned above: 2011 2012
Yearly figure $14,160 $14,640
Monthly figure $1,180 $1,220
Retirement earnings test–exempt amounts–Year individual reaches full retirement age–Benefits reduced by $1 for each $3 earned above (applies only to earnings for months prior to attaining full retirement age): 2011 2012
Yearly figure $37,680 $38,880
Monthly figure $3,140 $3,240
Retirement earnings test–exempt amounts–Beginning the month individual attains full retirement age 2011 2012
No limit on earnings No limit on earnings
Social Security disability thresholds 2011 2012
Substantial gainful activity (SGA): for the sighted (monthly figure) $1,000 $1,010
Substantial gainful activity: for the blind (monthly figure) $1,640 $1,690
Trial work period (TWP) (monthly figure) $720 $720
SSI federal payment standard 2011 2012
Individual (monthly figure) $674 $698
Couple (monthly figure) $1,011 $1,048
SSI resource limits 2011 2012
Individual $2,000 $2,000
Couple $3,000 $3,000
SSI student exclusion limits 2011 2012
Monthly limit $1,640 $1,700
Annual limit $6,600 $6,840
Maximum Social Security benefit 2011 2012
Worker retiring at full retirement age (monthly figure) $2,366 $2,513
Formula for Monthly Primary Insurance Amount (PIA) 2011 2012
(90% of first X of AIME + 32% of the AIME over X and through Y + 15% of AIME over Y) X=$749 Y=$4,517 X=$767 Y=$4,624

Medicare

Medicare monthly premium amounts–Part A (hospital insurance) premium 2011 2012
Individuals with 40 or more quarters of Medicare-covered employment $0 $0
Individuals with 30 to 39 quarters of Medicare-covered employment who are not otherwise eligible for premium-free hospital insurance $248 $248
Individuals with less than 30 quarters of Medicare-covered employment who are not otherwise eligible for premium-free hospital insurance $450 $451
Medicare monthly premium amounts–Part B (medical insurance) monthly premium–For beneficiaries who file an individual income tax return with income that is: 2011 2012
Less than or equal to $85,000 $96.40 $110.50 or $115.402 $99.90
$85,001 – $107,000 $161.50 $139.90
$107,001 – $160,000 $230.70 $199.80
$160,001 – $214,000 $299.90 $259.70
Greater than $214,000 $369.10 $319.70
Medicare monthly premium amounts–Part B (medical insurance) monthly premium–For beneficiaries who file a joint income tax return with income that is: 2011 2012
Less than or equal to $170,000 $96.40 $110.50 or $115.40 2 $99.90
$170,001 – $214,000 $161.50 $139.90
$214,001 – $320,000 $230.70 $199.80
$320,001 – $428,000 $299.90 $259.70
Greater than $428,000 $369.10 $319.70
Medicare monthly premium amounts–Part B (medical insurance) monthly premium–For beneficiaries who are married, but file a separate tax return from their spouse and lived with spouse at some time during the taxable year with income that is: 2011 2012
Less than or equal to $85,000 $96.40 $110.50 or $115.402 $99.90
$85,001 – $129,000 $299.90 $259.70
Greater than $129,000 $369.10 $369.10

2 Most beneficiaries paid the same $96.40 or $110.50 premium in 2011 as they did in 2010. However, new enrollees or beneficiaries who did not have their premium withheld paid $115.40.

Original Medicare plan deductible and coinsurance amounts–Part A (hospital insurance) 2011 2012
Deductible per benefit period $1,132 $1,156
Coinsurance per day for 61st to 90th day of each benefit period $283 $289
Coinsurance per day for 91st to 150th day for each lifetime reserve day (total of 60 lifetime reserve days–nonrenewable) $566 $578
Original Medicare plan deductible and coinsurance amounts 2011 2012
Skilled nursing facility coinsurance per day for 21st to 100th day of each benefit period $141.50 $144.50
Original Medicare plan deductible and coinsurance amounts–Part B (medical insurance) annual deductible 2011 2012
Individual pays 20 percent of the Medicare-approved amount for services after deductible is met $162 $140

Medicaid

2011 2012
Monthly income threshold for income-cap states (“300 percent cap limit”) $2,022 $2,094
Monthly maintenance needs allowance for at-home spouse 2011 2012
Minimum 3 $1,822 $1,838.75
Maximum $2,739 $2,841
Spousal resource allowance 2011 2012
Minimum $21,912 $22,278
Maximum $109,560 $113,640

3 Amounts listed actually effective as of July of prior year; different amounts apply to Alaska and Hawaii.

Estate Tax Planning Grids

Check out the differences affecting estate planning in the tables below. Or just give us a call.

2011 2012
Annual gift exclusion: $13,000 $13,000
Estate tax applicable exclusion amount: $5,000,000 + DSUEA1 $5,120,000 + DSUEA1
Gift tax applicable exclusion amount:
Noncitizen spouse annual gift exclusion: $136,000 $139,000
Generation-skipping transfer (GST) tax exemption: $5,000,0002 $5,120,0002
Special use valuation limit (qualified real property in decedent’s gross estate): $1,020,000 $1,040,000

1 Basic exclusion amount plus deceased spousal unused exclusion amount (exclusion is portable for 2011 and 2012)

2 The GST tax exemption is not portable

2011 through 2012 gift and estate tax rate schedule

Taxable Estate Tentative Tax Equals Plus Of Amount Over
0 – $10,000 $0 18% $0
$10,000 – $20,000 $1,800 20% $10,000
$20,000 – $40,000 $3,800 22% $20,000
$40,000 – $60,000 $8,200 24% $40,000
$60,000 – $80,000 $13,000 26% $60,000
$80,000 – $100,000 $18,200 28% $80,000
$100,000 – $150,000 $23,800 30% $100,000
$150,000 – $250,000 $38,800 32% $150,000
$250,000 – $500,000 $70,800 34% $250,000
$500,000+ $155,800 35% $500,000
Credit shelter amount $5,000,000 in 2011, $5,120,000 in 2012 Credit amount $1,730,800 in 2011, $1,772,800 in 2012

Under the sunset provision of The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, the gift and estate and GST tax exemptions referenced above will revert to $1 million in 2013, and the maximum tax rate will revert to 55%.