Captive Insurance Companies: Business, Estate Planning and Asset - - PowerPoint PPT Presentation

captive insurance companies business estate planning and
SMART_READER_LITE
LIVE PREVIEW

Captive Insurance Companies: Business, Estate Planning and Asset - - PowerPoint PPT Presentation

Presenting a live 90-minute webinar with interactive Q&A Captive Insurance Companies: Business, Estate Planning and Asset Protection Considerations Best Practices for Structure, Implementation and Choice of Domicile Through Industry-Specific


slide-1
SLIDE 1

Captive Insurance Companies: Business, Estate Planning and Asset Protection Considerations

Best Practices for Structure, Implementation and Choice

  • f Domicile Through Industry-Specific Case Studies

Today’s faculty features:

1pm East ern | 12pm Cent ral | 11am Mount ain | 10am Pacific

The audio portion of the conference may be accessed via the telephone or by using your computer's

  • speakers. Please refer to the instructions emailed to registrants for additional information. If you

have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.

TUES DAY, APRIL 29, 2014

Presenting a live 90-minute webinar with interactive Q&A

Kevin Allgood, S enior Vice President, Hub International, Westmont, Ill. Michaeline Gordon, Principal, Dolgin Law Group, Chicago Lou S chendl, Manager, Timberview Captive, Peoria, Ill. Robert K. Wold, AFIS , CLCS , Vice President, Hub International, Westmont, Ill.

slide-2
SLIDE 2

Tips for Optimal Quality

S

  • und Qualit y

If you are listening via your computer speakers, please note that the quality

  • f your sound will vary depending on the speed and quality of your internet

connection. If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-961-9091 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail sound@ straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Qualit y To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

FOR LIVE EVENT ONLY

slide-3
SLIDE 3

Continuing Education Credits

For CLE purposes, please let us know how many people are listening at your location by completing each of the following steps:

  • In the chat box, type (1) your company name and (2) the number of

attendees at your location

  • Click the S

END button beside the box If you have purchased S trafford CLE processing services, you must confirm your participation by completing and submitting an Official Record of Attendance (CLE Form). Y

  • u may obtain your CLE form by going to the program page and selecting the

appropriate form in the PROGRAM MATERIALS box at the top right corner. If you'd like to purchase CLE credit processing, it is available for a fee. For additional information about CLE credit processing, go to our website or call us at 1-800-926-7926 ext. 35.

FOR LIVE EVENT ONLY

slide-4
SLIDE 4

Program Materials

If you have not printed the conference materials for this program, please complete the following steps:

  • Click on the ^ symbol next to “ Conference Materials” in the middle of the left -

hand column on your screen.

  • Click on the tab labeled “ Handouts” that appears, and there you will see a

PDF of the slides for today's program.

  • Double click on the PDF and a separate page will open.
  • Print the slides by clicking on the printer icon.

FOR LIVE EVENT ONLY

slide-5
SLIDE 5

Captive Insurance Companies

Business, Estate Planning, and Asset Protection Considerations

Dolgin Law Group, LLC

Attorneys at Law

slide-6
SLIDE 6

Disclosure

  • IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury

Department regulations, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties that may be imposed or recommending to another party any transaction or matter addressed herein.

  • The examples contained herein are hypothetical and do not reflect specific strategies

developed for actual clients. They are for illustrative purposes only.

Dolgin Law Group, LLC

Attorneys at Law

6

slide-7
SLIDE 7

What is A Captive?

  • A captive insurer (or “Captive”) is a special-purpose insurance company formed

primarily to underwrite the risks of its parents or affiliated groups.

  • It is classified as an Alternative Risk Transfer (“ART”) entity versus a Traditional Risk

Transfer (“TRT”) entity.

  • Performs the same functions as TRT. It Issues polices, collects premiums, and pays

claims.

  • It is formed to finance-underwrite the risk of its owners or related entities, which gives

those owners maximum control of their at risk dollars.

  • A Captive traditionally supplements pre-existing risk management and financing

procedures.

  • Does not offer insurance to the public.
  • Regulations governing Captives are typically less onerous than those regulations

governing traditional commercial carriers

7

slide-8
SLIDE 8

The Basic Captive Structure

Parent Corp. Risk Pool Captive

Premiums Pays Claims Pays Claims Premiums

8

slide-9
SLIDE 9

History of a Captive

  • The history of Captives can be traced back hundreds of years to ship owners where

they would share, exchange, and transfer risk.

  • Up to the 1950’s 100 Captives had been formed.
  • 1970’s and 1980’s saw significant growth in the captive industry due to captive laws

passed in Colorado, Tennessee, and Vermont, and federal legislation making it easier to operate similar interest captives.

  • Tax Reform Act of 1986 congress passed IRC 831 (b) election for captive insurance.
  • By 1995 3,200 Captives had been formed.
  • In 2008 there were close to 6,000 Captives in existence worldwide, and more than

40% of all major U.S. corporations operating at least one Captive.

9

slide-10
SLIDE 10

The Captive Space

Ownership

  • Pure/Single Owner
  • Small Captive
  • Pure/Group Ownership

–Industry –RRG

No Ownership

  • Sponsored

–Protected Cell

  • Association
  • Fronting with Re-Insurance

International Risk Management Institute www.irmi.com Captives and the Management of Risk by Kathryn A. Westover Captive Practices and Procedures by Kathryn Westover Taken Captive R. Wesley Sierk, III

10

slide-11
SLIDE 11

Current Captive Market

11

slide-12
SLIDE 12

Profits and Trends

  • Out of every $1 you pay as premium,

roughly $0.60 goes to cover the expected losses, $0.40 for commissions & administrative expenses.

  • The insurer holds that $1 and invests it,

earning investment income.

  • Insurers set up a reserve for future

losses as a liability on their books, thereby deferring the recognition of income (and therefore income tax).

  • With a captive, you can flip the situation

so these advantages become yours.

How to Profit from and Insurance Company Current Trends In the Insurance Industry

  • Carriers are tightening underwriting

standards.

  • Increasing Premiums (hardening

market).

  • New target combined loss ratio is 95%.
  • 2013-2014 2%-3% Property & G/L

Increase.

  • 2013-2014 5%-10% Worker’s

Compensation Increase.

12

slide-13
SLIDE 13

What is Uninsurable Risk?

The fishermen know that the sea is dangerous and the storm terrible, but they have never found these dangers sufficient reasons for remaining ashore.

  • Vincent Van Gogh

Insurable Risk

  • Boat & Building-Property
  • Slips and Falls-Third Party General Liability Claims
  • Staff and Employee Issues-Workers Compensation
  • Profits-Business Interruption

Uninsurable Risk

  • Toxic Sea or Pollution
  • Over fishing
  • Regulatory Body or Administrative Actions
  • Loss of a Key Client or Market
  • Anything That Keeps The Fisherman Up at Night

13

slide-14
SLIDE 14

Managing Risk

Risk Control

The goal of the risk control techniques is to reduce the frequency and severity of losses as much as possible with the resources available.

  • Exposure Avoidance
  • Loss prevention
  • Loss Reduction
  • Segregation

Risk Financing

If losses cannot be avoided, they could

  • ccur; and they must be paid for. Two
  • ptions exist.
  • Risk Retention
  • Risk Transfers

14

slide-15
SLIDE 15

Holistic Risk Management

1990’s Holistic Risk Management Trend or Enterprise Risk Management (ERM) By identifying and proactively addressing risks and opportunities, business enterprises protect and create value for their stakeholders, including owners, employees, customers, regulators, and society overall. (ERM)

  • Hazard Risk
  • Liability torts, Property damage, Natural catastrophe
  • Financial Risk
  • Pricing risk, Asset risk, Currency risk, Liquidity risk
  • Operational Risk
  • Customer satisfaction, Product failure, Integrity, Reputational risk
  • Strategic Risk
  • Competition, Social trend, Capital availability

15

slide-16
SLIDE 16

Determining & Assessing Risk

  • Establishing Context
  • Identifying Risks
  • Analyzing/Quantifying Risks
  • Integrating Risks
  • Assessing/Prioritizing Risks
  • Treating/Exploiting Risks
  • Monitoring and Reviewing

SEVERITY FREQUENCY

RETAIN SHARE TRANSFER

16

slide-17
SLIDE 17

Why Form a Captive?

  • Premium Stability
  • Premium Deductibility
  • Cost Savings
  • Exert Control
  • Cash Flow
  • Profit Center
  • Coverage Availability
  • Improved Risk Management
  • Works seamlessly with existing risk management

team

  • Simple and as hands off as you desire
  • Access to Reinsurance
  • Favorable Regulations & Tax Treatment
  • Asset Protection
  • Unique strategies for philanthropy goals

17

slide-18
SLIDE 18

Selling a Captive-Defining the Team

Trusted Advisors

  • CPA
  • Attorney

Consultants

  • Program Manager or Captive Manager
  • Insurance or Risk Consultant

Takeaway

  • Never pre-judge a Captive opportunity.

18

slide-19
SLIDE 19

Industry Candidates

  • Contractors
  • Builders & Developers
  • Car Dealerships
  • Manufacturers
  • Real Estate
  • Retail
  • Pharmaceuticals
  • Agribusinesses
  • Hotel Chains
  • Service Providers
  • Medical Profession
  • Healthcare Facilities
  • Professional Service Practices
  • Franchisor
  • Franchisees
  • Restaurant

19

slide-20
SLIDE 20

Captive Prospect Profile

Generally speaking if a company meets one or more of the following business criteria they could be a candidate for a small captive insurance program:

  • A closely-profitable business
  • Pretax profits of at least $500,000
  • Gross revenues equal to or greater than $5 million
  • Stable cash flow
  • Substantial self insured/ uninsured business risk

It is important to note field is very broad. There is not a one size fits all model every Captive is unique in some way.

20

slide-21
SLIDE 21

Captive and Estate Plan Strategy

  • Estate and gift planning should be considered in tandem with a Captive Insurance

Company (“Captive”) strategy

Dolgin Law Group, LLC

Attorneys at Law

21

slide-22
SLIDE 22

What is a Captive?

  • Must meet definition of “insurance” for tax purposes, (bona-fide risk management

purposes, reasonable premiums, and adequate capitalization)

  • Must be able to establish appropriate “risk shifting” and “risk distribution” (Helvering v.

LeGierse, 1941)

Dolgin Law Group, LLC

Attorneys at Law

22

slide-23
SLIDE 23

What Is a Captive?

  • A Captive insurance company must be taxed as a “C” Corporation
  • Possible to create multiple classes of stock, vesting schedules, liquidation

preferences, etc.

  • Key employee incentives
  • Premiums paid are deductible as “ordinary and necessary” business expense under

IRC §162

  • Premiums will not be taxable income under 831(b)
  • Investment income will be taxed as ordinary income at corporate marginal rates

Dolgin Law Group, LLC

Attorneys at Law

23

slide-24
SLIDE 24

What Is a Captive?

  • If the Captive is profitable, profits can be accumulated, distributed as dividends, or

paid out to shareholders upon liquidation

Dolgin Law Group, LLC

Attorneys at Law

24

slide-25
SLIDE 25

Business Fit for a Captive

  • Profitable ($500,000 or more in profits) businesses with uninsured risk
  • Businesses where owner(s) are looking for asset protection, wealth accumulation

and/or wealth transfer

Dolgin Law Group, LLC

Attorneys at Law

25

slide-26
SLIDE 26

Benefits of a Captive

 Shareholders of Captives

  • As earnings accrue in the entity, the value of investment increases on a tax-

deferred basis

  • Distributions of dividends are currently taxed at favorable tax rates

Dolgin Law Group, LLC

Attorneys at Law

26

slide-27
SLIDE 27

 Shareholders of Captives

  • As earnings accrue in the entity, the value of investment increases on a tax-

deferred basis

  • Distributions of dividends are currently taxed at favorable tax rates of 15% to

20%.

  • If the shareholders of the Captive are family members of the owners of the

parent company-income insures to them

Benefits of a Captive

Dolgin Law Group, LLC

Attorneys at Law

27

slide-28
SLIDE 28

Definition of Insurance

 Risk Shifting

  • Risk Shifting is established in a Captive by the payment of the premium in

exchange for the assumption of liability to make payment if the risk matures

Dolgin Law Group, LLC

Attorneys at Law

28

slide-29
SLIDE 29

 Risk Distribution

  • Case law has defined this concept as follows:

 Risk distribution occurs when particular risks are combined in a pool with

  • ther, independently insured risks

 By placing risks in a larger pool and increasing the total number of independent, randomly occurring risks, the business benefits from the mathematical concept of the law of large numbers in that the ratio of actual to expected losses tends to approach one

Definition of Insurance

Dolgin Law Group, LLC

Attorneys at Law

29

slide-30
SLIDE 30

Case Law History of Captives

 In Humana v. Commissioner (881 F.2 247 (6th Cir. 1989)), the Captive won a victory  This case involved a parent with a group of operating subsidiaries paying premiums to a Captive subsidiary  The Court of Appeals held that the payments made by the subsidiaries would be deductible as insurance whereas the payments made by the parent would be disallowed, under the rationale of the prior decisions (Carnation Co. v. Commissioner and Clougherty Packing Co. v. Commissioner)  The case established that brother-sister entities related to the Captive could legally pay insurance premiums to the Captive and derive valid tax deductions

Dolgin Law Group, LLC

Attorneys at Law

30

slide-31
SLIDE 31

Legal History of Captives

  • After the Humana decision, the IRS set out safe-harbor rules
  • The IRS now challenges transactions they see as abusive on a “facts and

circumstances” case by case basis

Dolgin Law Group, LLC

Attorneys at Law

31

slide-32
SLIDE 32

Revenue Ruling 2002-89

 IRS safe-harbor if less than 50% of the risk insured by a single-parent Captive (and the rest from unrelated parties)

Dolgin Law Group, LLC

Attorneys at Law

32

slide-33
SLIDE 33

Revenue Ruling 2002-90

 Single-parent Captive insuring 12 domestic subs of parent but no risk outside the family

  • No one sub accounts for less than 5% nor more than 15% of the risk

premium

Dolgin Law Group, LLC

Attorneys at Law

33

slide-34
SLIDE 34

Revenue Ruling 2002-90

 Held to be adequate risk distribution and the premiums deductible by the paying entities  Although the IRS will not challenge situations where 12 subsidiaries are insured, it does NOT mean that you need 12 entities to have a valid captive insurance arrangement

Dolgin Law Group, LLC

Attorneys at Law

34

slide-35
SLIDE 35

Revenue Ruling 2005-40

 The IRS continued to provide examples from which safe-harbor rules can be drawn  One example in the ruling shows that dealing with an unrelated insurance company that insures only the taxpayer cannot provide a deductible insurance expense because no risk distribution occurred  It also clarified that disregarded entities such as “single-member LLCs” would not be considered separate entities for risk distribution purposes

Dolgin Law Group, LLC

Attorneys at Law

35

slide-36
SLIDE 36
  • Rev. Proc. 2002-75

 The IRS said they will issue private letter rulings on whether there is adequate risk shifting and risk distribution to qualify the payor for an insurance deduction and to determine if the Captive is an insurance company for federal income tax purposes

Dolgin Law Group, LLC

Attorneys at Law

36

slide-37
SLIDE 37
  • Rev. Proc. 2002-75

 The IRS said they will issue private letter rulings on whether there is adequate risk shifting and risk distribution to qualify the payor for an insurance deduction and to determine if the Captive is an insurance company for federal income tax purposes

Dolgin Law Group, LLC

Attorneys at Law

37

slide-38
SLIDE 38

Captive Formation

 Who can own a Captive:

  • Children and Family
  • Trusts for the benefit of Owner’s Beneficiaries
  • Family Partnership/LLC
  • Key Employees

Dolgin Law Group, LLC

Attorneys at Law

38

slide-39
SLIDE 39

Captive Formation

 At the time of formation, common or preferred stock can be sold to:

  • The owners’ beneficiaries or trusts for their benefit
  • Key employees
  • Shareholders of the sponsoring entity
  • At retirement, death or disability, shares can be redeemed at capital gains rates

Dolgin Law Group, LLC

Attorneys at Law

39

slide-40
SLIDE 40
  • A Captive can be formed inside a trust for children and grandchildren
  • The Captive can be gifted after formation
  • The captive can be sold later
  • To owners’ beneficiaries or trusts for their benefit
  • Key employees
  • Officers-shareholders of sponsoring entity

Captive Formation

Dolgin Law Group, LLC

Attorneys at Law

40

slide-41
SLIDE 41

Captive Advantages

 Federal gift and estate tax exemption for 2014: $5.34M per person ($10.68M per married couple)  The federal gift tax rate is currently 40%  Gift and GST tax do not apply to assets that are subject to full and adequate consideration (premiums) Treas. Reg. Sec. 25-2511-1 (g) (1)  A Captive can allow for transfer of the business to family members

Dolgin Law Group, LLC

Attorneys at Law

41

slide-42
SLIDE 42

A State Income Tax Protection Trust

  • It may be desirable to form the Trust in a state that offers income tax advantages
  • Or, the use of an Incomplete Non-Grantor Trust
  • Allows income distributed from the Captive to be taxable in a no-tax state
  • Illinois or California versus Nevada or Delaware

Dolgin Law Group, LLC

Attorneys at Law

42

slide-43
SLIDE 43

State Income Protection Trust

Revocable Trust Incomplete Non-Grantor Trust Business Captive Insurance Company

100% Premiums

100% Dolgin Law Group, LLC

Attorneys at Law

43

slide-44
SLIDE 44

ASSET PROTECTION TRUST

  • As a C Corporation captive assets are protected from the owner’s creditors and the

creditor’s of the owner’s business

  • Using a foreign or domestic asset protection trust will allow for distributions to be

protected from creditors

Dolgin Law Group, LLC

Attorneys at Law

44

slide-45
SLIDE 45

ASSET PROTECTION TRUST

Holding Company LLC Asset Protection Trust Business Captive Insurance Company

100%

Premiums

100%

Dolgin Law Group, LLC

Attorneys at Law

45

slide-46
SLIDE 46

Dynasty Trust

  • Using a dynasty trust is appropriate if the captive owner desires to pass the captive

via a trust not owned by his or her estate

  • The owner of the Captive will receive the benefits of the captive insurance company’s

profits and distributions. The current estate tax rate is 40% for estate assets in excess of the current exclusion. Assume you have a properly structured captive insurance premiums of $1,200,000, the estate and gift tax savings could be $480,000 a year ($1,200,000 x 40%).

Dolgin Law Group, LLC

Attorneys at Law

46

slide-47
SLIDE 47

Estate/Dynasty Trust

Revocable Trust Dynasty Trust Business Captive Insurance Company

99% Voting

Premiums

Dolgin Law Group, LLC

Attorneys at Law

47

slide-48
SLIDE 48

Domicile

 Captive is animal of state law; governed by state insurance department  Must go through process of evaluating states friendly to type of insurance Captive will issue  Friendly states: Montana, Delaware, Vermont, District of Columbia, Utah, Wyoming, Hawaii, Connecticut and New Jersey

Dolgin Law Group, LLC

Attorneys at Law

48

slide-49
SLIDE 49

Off-Shore Captives

 Off-shore Captives may offer more asset protection  Management fees  More IRS scrutiny of off-shore Captive  Election under §953(d) allows Captive to be taxed as on-shore Captive

Dolgin Law Group, LLC

Attorneys at Law

49

slide-50
SLIDE 50

Timberview Captive

  • The “Timberview” idea evolved from a thought that a Captive insurance

company could be a solution to a particular farmer’s future estate tax liability.

  • With the 7 farmers…it quickly evolved to be so much more!
  • A company that makes possible for farmers to control RISK to build, protect and

access wealth – and when the time is right, transfer it to the next generation.

  • This is about BUILDING WEALTH…
  • What are you doing with your $$$ today?

50

slide-51
SLIDE 51

I don’t have to tell you about risks. Farmers manage them every day!

  • Weather
  • Timing (planting, harvesting and applying)
  • Farm Practices
  • Land fertility
  • Pest
  • Seed varieties
  • Market fluctuations
  • Geo-Political
  • Regulation

51

slide-52
SLIDE 52

Major Issues Facing Farmers Today.

  • Higher grain prices
  • Higher input cost
  • Higher land cost and values
  • Increased risk to lawsuits, etc
  • Higher tax rates
  • Uncertainty in the future Farm bill and Federal Crop insurance
  • Increasing healthcare cost
  • Rapidly increasing Estates
  • Increased PROFITS

52

slide-53
SLIDE 53

Increasing Profits

According to Farmdocs.com average Illinois grain farms net incomes. (http://www.farmdocdaily.illinois.edu/2011/05/profitability_and_farm_size_on.html) 1998-2002 $65 per acre 2001-2004 $95 per acre 2007-2009 $236 per acre ILLINOIS Farm Land Prices on average $10,000/acre to $15,000/acre

53

slide-54
SLIDE 54

Strategies for increased profit…

  • Taxed deferred Retirement accounts
  • Equipment and Building purchases and improvements
  • Pay taxes and invest (Market, Land etc)
  • Timberview Captive?

Timberview Captive is a strategy that gives you increased control and access to your wealth.

54

slide-55
SLIDE 55

Timberview Captive

  • Protected Cell/Incorporated Cells/Series LLC

– Pure Captive within a Series LLC structure

  • Optimal Combination of Retention and Risk Sharing.
  • Think of Timberview as an apartment/condominium building. Timberview itself is

the building, the SBUs are the apartments/condos.

55

slide-56
SLIDE 56

What risks are insured…

  • Administrative Actions – Covers cost resulting from EPA and other regulators.
  • Pollution Liability – traditional farm and ranch policies cap coverage at $100,000
  • Product and Liability Recall – Will provide more extensive coverage for things like

aflatoxin etc.

  • Agribusiness Continuity – Provides cash flow to the farm operation in the event of

an unforeseen circumstance involving machinery, key employees etc.

  • Crop Supplement 71% - 90% - Policy follows form of the Fed Crop policy. Same

schedule of insurance, acreage report and production reports.

56

slide-57
SLIDE 57

Timberview – Actuarial Support

  • Program Design
  • Rating Models
  • Annual Reserve Valuation
  • Regulatory Compliance

57

slide-58
SLIDE 58

Timberview – Risk Mitigation Strategy

  • Spread of Risk
  • Pool Excess Exposure
  • Coverages, Policy Limits Selected
  • Ratemaking Risk Margin
  • P&C Basket Aggregate Retention

58

slide-59
SLIDE 59

Timberview – Excess Risk Pool

  • Est. Annual

Estimated SBU Avg # Acres Revenue Size Class Premium Risk 2,000 1,800,000 Small 250,000 160,000 3,750 3,375,000 Medium 500,000 300,000 7,500 6,750,000 Large 750,000 600,000

SBU SHARED RISK POOL SBU SBU SBU

59

slide-60
SLIDE 60

Timberview – Excess Risk Pool

Example # 1 Example # 2 Premium: Direct 436,529 436,529 Ceded to Pool (196,438) (196,438) Assumed from Pool 196,438 196,438 Net SBU Premium 436,529 436,529 Losses: Direct 500,000 Ceded to Pool (200,000) Assumed from Pool 92,055 92,055 Net SBU Losses 92,055 392,055 Net UW Gain/ Loss 344,474 44,474

60

slide-61
SLIDE 61

Financial Matters: Accounting, Audit, and Tax

  • Provide assurance over financial statements
  • Auditor - Independent, are not involved in “books and records”

 Required annually under insurance regulations

  • Complexities of insurance accounting

 Domicile Reporting  Actuarial Reporting

  • Prepare and file annual tax returns

 Domicile  IRS

61

slide-62
SLIDE 62

Financial Matters: Flows of Cash

  • Cash into SBU
  • Initial capital
  • Premium
  • Investment income and capital gains
  • Cash out of SBU
  • Claims
  • Dividends/capital gains
  • Expenses (including income taxes)
  • Investment activities

62

slide-63
SLIDE 63

Timberview Captive Structure: Series Business Unit (SBU)

  • With this design, the owner can start

shifting potential profit to the next generation while keeping full control

  • ver the business.
  • Moreover, the owner does not yet

have to address the ownership of the

  • perating business itself.

John Doe Doe Farm Operations, Inc. Doe Dynasty Trust Timberview Series 001 d/b/a - Doe Insurance Co.

$250K gift Premiums Policies 1 voting share 99 non-voting shares 100%

  • wnership

$250K capital contribution

63

slide-64
SLIDE 64

Timberview Captive Structure: Steps

Step 1:

  • Form and fund a new irrevocable trust
  • r utilize an existing trust
  • Trust should be a dynasty trust.
  • Trust will generally be a “grantor trust”.

John Doe Doe Farm Operations, Inc. Doe Dynasty Trust Timberview Series 001 d/b/a - Doe Insurance Co.

$250K gift Premiums Policies 1 voting share 99 non-voting shares 100%

  • wnership

$250K capital contribution

64

slide-65
SLIDE 65

Timberview Captive Structure: Steps

Step 2:

  • Form the captive insurance company

through Timberview by applying for a Series License.

  • The captive application must be

reviewed carefully to ensure that this arrangement is properly described.

John Doe Doe Farm Operations, Inc. Doe Dynasty Trust Timberview Series 001 d/b/a - Doe Insurance Co.

$250K gift Premiums Policies 1 voting share 99 non-voting shares 100%

  • wnership

$250K capital contribution

65

slide-66
SLIDE 66

Timberview Captive Structure: Steps

Step 3:

  • Once the captive is established and

the policies are in place, then the fun starts.

  • Every time a premium payment is

made, it is a wealth transfer with no transfer tax issues.

John Doe Doe Farm Operations, Inc. Doe Dynasty Trust Timberview Series 001 d/b/a - Doe Insurance Co.

$250K gift Premiums Policies 99 non-voting shares 100%

  • wnership

$250K capital contribution

66

slide-67
SLIDE 67

Timberview Captive Structure: Accessing Funds

John Doe Doe Farm Operations, Inc. Doe Dynasty Trust

$1mm 1 voting share 99 non-voting shares

Timberview Series 001 d/b/a Doe Insurance Co.

Deed to Farmland

Farmland

$1mm FMV

John Doe Doe Farm Operations, Inc. Doe Dynasty Trust Timberview Series 001 d/b/a Doe Insurance Co. Farmland

100%

  • wnership

Resulting Ownership:

$1mm Loan (limit set by Delaware DoI)

  • r

Dividend (approval by Delaware DoI) Up to Certain Limits: (negotiated with Delaware DoI) – Acquire non-marketable securities – Acquire real estate – Acquire marketable securities

  • Acquire Farm Equipment

1 voting share 99 non-voting shares 100%

  • wnership

100%

  • wnership

67

slide-68
SLIDE 68

Year 1 Year 2 Year 3 Year 4 Year 5 Year 20 Upfront Deposit (25,000)

  • Capital & Surplus Contribution

200,000

  • Deductible Premium

800,000 800,000 800,000 800,000 800,000 800,000 Participation Fees */1 (75,000) (75,000) (75,000) (75,000) (75,000) (75,000) Investment Income */3 46,250 98,113 138,316 180,138 223,646 1,130,747 Fed Inc Tax (8,556) (18,151) (25,588) (33,326) (41,374) (209,188) State Inc Tax Rate 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% State Inc Tax Amount (428) (908) (1,279) (1,666) (2,069) (10,459) Annual Net Available for Claims 762,266 804,055 836,448 870,147 905,203 1,636,099 Cumulative Net Available for Investment 962,266 1,766,321 2,602,769 3,472,916 4,378,118 23,251,038 Year 1 Year 2 Year 3 Year 4 Year 5 Year 20 Gross Income 825,000 800,000 800,000 800,000 800,000 800,000 Participation Fees

  • Investment Income

41,250 64,802 89,726 115,529 142,241 676,830 Fed Inc Tax (on earnings) */4 (358,050) (347,200) (347,200) (347,200) (347,200) (347,200) Fed Inc Tax (on investments) */2 (10,106) (15,876) (21,983) (28,305) (34,849) (165,823) State Inc Tax Rate 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% State Inc Tax Amount (2,063) (3,240) (4,486) (5,776) (7,112) (33,841) Annual Amount Available for Investment 496,031 498,485 516,057 534,248 553,080 929,965 Cumulative Available for Investment 496,031 994,516 1,510,573 2,044,821 2,597,901 13,666,555 No Captive Captive No Captive Captive Income Taxes Gross Income Available 4,025,000 4,000,000 16,025,000 16,000,000 Investment Income 453,547 686,464 6,519,722 10,612,519 Expenses

  • (375,000)
  • (1,500,000)

Total Income 4,478,547 4,311,464 22,544,722 25,112,519 Income Tax (1,857,969) (126,996) (8,552,182) (1,963,315) Capital in Insurance Company 200,000 200,000 Post Tax 2,620,578 4,384,468 13,992,540 23,349,204 Potential Income Tax Savings 1,763,890 9,356,664 Withdrawing Money from Captive LTCG Taxes

  • (836,894)
  • (4,629,841)

Available 2,620,578 3,547,574 13,992,540 18,719,363 Estate Taxes Potential Estate Taxes (1,179,260)

  • (6,296,643)
  • To Heirs

1,441,318 3,547,574 7,695,897 18,719,363 Additional Benefit to Heirs 2,106,257 11,023,466

TAX ESTIMATE

20 Year Analysis

FINANCIAL SNAPSHOT - SCENARIO WITH CAPTIVE FINANCIAL SNAPSHOT - SCENARIO WITHOUT CAPTIVE

5 Year Analysis

68

slide-69
SLIDE 69

Thank You

Kevin Allgood Hub International kevin.allgood@hubinternational.com Michaeline Gordon Dolgin Law Group mgordon@dolginlawgroup.com Lou Schendl Timberview Captive lschendl@timberviewcaptive.com Robert K. Wold Hub International robert.wold@hubinternational.com Dolgin Law Group, LLC

Attorneys at Law

69