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19 Cards in this Set

  • Front
  • Back

Universal Life Insurance (example on back)




-adjustable premium, death benefit, and cash value




-mortality charges, based on insured's age and policy's net amount at risk, along with admin expenses, are deducted from cash value




-policy's cash value credited with interest at policy's current interest rate




-if current premiums paid plus existing cash value is not adequate to cover cost of continuing coverage, policyowner must deposit additional premiums to policy in force

Universal Life Insurance Example




• Peter currently owns UL policy with $600 cashvalue




• He paid a current premium of $1,000 butlearns company’s mortality and administrativecosts to maintain policy are $1,900




• Peter must deposit additional $300($1,900 – $1,600) to keep policy in force

UL Death Benefits A and B (chart on back)




Option A: pays level death benefit


-net amount at risk (NAR) for insurance company = difference between CV and death benefit


-Option a NAR decreases as cash value increases


-Mortality charges lower under Option A than under Option B




Option B: provides an increasing death benefit, which is NAR plus existing cash value


-NAR remains level throughout policy period


-Monthly mortality chargees greater than Option A because NAR is level but cost of insurance increases with age


-Greater fund is required to keep policy in force

Variable Universal Life Insurance




-As with all variable life. no guaranteed minimum interest rate (non variable UL has guaranteed rate)


-if premiums paid though, policy guaranteed to not lapse




-cash values not guaranteed




-policy must be offered by prospectus with computer generated policy illustration

na

Endowment Life Insurance




-whole life policies endows at age 100




-traditional endowment policies endowed much earlier, for example, at age 65 when individual was entering retirement




-After 1984 Tax Act, endowments no longer classified as life insurance contracts and rarely used today because of resulting loss on income tax benefits

na

Adjustable Life




Has characteristics of both UL and WL


-Death benefit and premium amount chosen at time of application


-Nonforfeiture values then calculated


-Policyowner may elect to increase or decrease (adjust) death benefit and/or change premium




Typically has cost-of-living rider


-permits owner to increase death benefit (without proof of insurability) once every three years to keep pace with CPI

na

Survivorship (second-to-die) Life Insurance




Commonly used to provide liquidity to pay estate taxes due at death of second spouse


-estate tax liability of first spouse to die covered by unlimited marital deduction




Less expensive than separate policies


-attractive to couples who anticipate future estate tax liability




Often owned by ILIT with independent trustee, keeping insurance death benefit from inclusion in gross estate of surviving spouse

na

First-to-Die Life




Pays out at death of first spouse or individual to die




Commonly used in buy-sell or business continuation agreements to provide liquidity for one business owner to buy out family of second owner

na

Policy Replacement Considerations




Most states enacted NAIC model replacement regulation


-must sign statement regarding replacement of existing policy (even if no replacement) and must be submitted with new (or original policy) application




For each replacement policy


-replacing company must provide 30-day free look of the new policy to the purchaser with a full refund if the purchase is cancelled


-original company must be notified in writing of proposed replacement


-replacing company may or may not subject the insured to a new suicide clause period

na

Comparing the Cost of Life Insurance Policies




Traditional net cost method


-does not consider the time value of money




Interest-adjusted methods


-surrender cost method


-net payment method




IRR on yield method

na

Life Insurance Taxation DURING LIFETIME (1 of 3)




Annual Cash Value Increase: general rule: annual cash value increase not subject to current income taxation




Premiums: generally not tax deductible


-premiums considered alimony payments or separate maintenance are tax deductible by payor and taxable income to payee

na

Life Insurance Taxation DURING LIFETIME (2 of 3)




Dividends


-generally nontaxable


-reduces policyowner basis in policy


-if distributed dividends exceed premiums paid, excess taxable as ordinary income




Withdrawals or loans


-in regular contracts, withdrawals receive FIFO tax treatment


-MEC contracts subject to LIFO and 10% penaltybefore age 59 1/2

na

Life Insurance Taxation DURING LIFETIME (3 of 3)




Surrender of the policy


-Lump-Sum payment in excess of basis is ordinary income


-Cost basis equals aggregate premiums paid less any dividends paid




Sales of the Policy


-Transfer for Value rule may apply


-Insurance proceeds are includable in gross income of transferee to extent proceeds received exceed the purchaser's basis


-exceptions: insured, partner, partnership, and corporation




Gifts of the Policy: not same as lifetime sale because no consideration passes between donor and donee


-transfer for value rule does not apply, but gift tax may be assessed on transfer

na

Insurance During Life Taxation Question (two sided)




Laura divorced this year and she made a loan against her wholelife insurance policy in the amount of $20,000 to pay attorney’sfees. The policy also paid $2,000 in dividends in the current yearand she previously has received a total of $10,000 in dividends.She has paid a total of $58,000 in premiums during the life of thepolicy. What is her tax liability from the policy this year?




A. $12,000 ordinary income


B. $22,000 ordinary income


C. $0


D. $12,000 capital gain

Insurance During Life Taxation Question (answer)




C. $0




Generally, dividends distributed from a life policy are considered a return ofpremium until the basis is exceeded. Loans may be received tax free.

Insurance During Life Taxation Question (two sided)




Karla purchased a $500,000 life insurance policy in 1996.She has paid $28,000 in premiums and has received $14,000in dividends. She also has an outstanding policy loan of $8,000. Currently, the policy has a net cash value of $17,000.If Karla surrenders the policy, what is her gain if any?




A. $17,000 ordinary income


B. $3,000 capital loss


C. $11,000 ordinary income


D. $25,000 ordinary income

Insurance During Life Taxation Question (two sided)




C. $11,000 ordinary income




Karla’s policy has a net cash value of $17,000. First, add back the loan of $8,000 toderive the policy’s total cash value of $25,000. Second, subtract Karla’s basis of$14,000 ($28,000 premiums – $14,000 dividends) from the policy’s total cash valueto derive a $11,000 gain ($25,000 – $14,000 = $11,000).

Insurance During Life Taxation Question (two sided)




Tawni, age 49, decides to take a $7,000 policy loanfrom her modified endowment contract. The cashvalue of the contract is $78,000 and she has paidpremiums of $44,000. What are the tax liabilities fromthis transaction?




A. $7,000 capital gain


B. $7,000 ordinary income


C. $7,000 ordinary income plus $700 penaltyD. $0

Insurance During Life Taxation Question (two sided)




C. $7,000 ordinary income plus $700 penalty




Modified endowment contracts are subject to LIFO characterization with a 10% taxpenalty for withdrawals or loans made before the owner attains the age of 59½.

Life Insurance Taxation AT DEATH




Lump Sum Payment: excludible from income except in transfer for value situations




Interest Only payment:


-interest is fully taxable as ordinary income




Installment or annuity payments:


-each payment partially nontaxable return of basis and partially taxable interest


-nontaxable return of basis equals exclusion ratio

na

Viatical and Life Settlements




Viactical Settlement


-sale of life insurance by terminally ill person


-usually receives 50-80 percent face value




-all of gain for purchaser is ordinary income


-purchase price plus future premiums is cost basis




-no taxable income for insured

na

Entering Viatical Settlement




-investors usually make sure insured has owned policy for at least two years to avoid incontestability




-insured must be terminally ill, remaining life expectancy of no more than two years from date of entering into agreement




-insured must sign release permitting investor to access medical records




-insured must sign waiver releasing investor from liability with changing existing beneficiary designations

na

Accelerated Death Beneits




-terminally ill with expected life one year or less




-insurance company usually pays out 50% face value in monthly increments (viatical is lump sum)


-income tax free




-remaining 50% is tax-free death benefit to bene





na