Tax-Free Life Insurance: An Untapped Investment For the Affluent - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Get our newsletter
Order Prints
February 10, 2011
Share
Share
Post
Email

Tax-Free Life Insurance: An Untapped Investment For the Affluent

Copyright:  (c) 2011 The New York Times Company
Source:  New York Times Digital
Wordcount:  1121

IT'S viewed as an insider's secret for the affluent: a legal way to invest in hedge funds and other potentially lucrative assets, all without paying taxes on the gains.

But private placement life insurance, as it is known, is still unfamiliar to many wealthy people -- and trickier to design properly than even some savvy investors realize, tax lawyers and financial advisers say.

''It sounds so good -- 'I can invest tax-free and get the money' -- but it's actually very complex,'' said Jonathan Blattmachr, a retired estates and trusts partner from the Milbank Tweed law firm in New York.

Private placement life insurance is an investment wrapped inside an insurance policy. The Internal Revenue Code treats the taxation of insurance differently from that of investments, like stocks or hedge funds, and does not levy federal income tax or the 15 percent capital gains on a life insurance policy when it pays out upon the death of the holder. So by stuffing an otherwise taxable investment inside a tax-free life insurance policy, investors can reap the compounded gains of that investment and the death benefit, all tax-free.

The insurance is a form of variable life insurance whose cash value depends upon the performance of investments held in the policy. It is particularly lucrative because hedge funds, which trade frequently, otherwise often carry the 35 percent short-term capital gains tax.

William Waxman, a principal at Waxman Cavner Lawson, an insurance broker for the wealthy and a financial adviser in Austin, Tex., said that demand for hedge funds, even in a down market, ''is driving a lot of the private placement insurance market.'' Still, he said, the private placement life insurance industry was relatively small; the cash value of all policies outstanding amounts to perhaps $4 billion to $5 billion. While brokers pitched the policies to many family offices on the East Coast, he said, West Coast offices appeared less tapped.

There are other lucrative benefits besides the absence of income taxes.

When structured properly, the gains and the death benefit can escape estate taxes and go to your heirs tax-free when you die. If structured through an offshore entity, like a foreign trust, the gains can remain out of reach of creditors or those who might sue you.

But investors appeared to be shying away from the foreign variant, Mr. Waxman said, in part because ''you have very sophisticated estate planning lawyers in the United States, but they don't necessarily have offshore practices.''

Investors may also be able to borrow up to 90 percent of the gains from the policy without paying taxes on the loan. One exception is when the policy is structured as a modified endowment contract, or M.E.C.; then, the amount borrowed is taxed at ordinary rates, typically 35 percent, and may carry a 10 percent penalty tax.

Investors who buy an M.E.C. version do so solely to pass on the death benefit free of income and estate taxes to their heirs, not to access gains tax-free before then. The Internal Revenue Service considers the policy an M.E.C. if the investor has paid in all the premiums due over the first seven years -- a limitation intended to prevent the rapid financing of tax-free benefits.

Investors must also meet several hurdles.

They must be an ''accredited investor'' and ''qualified purchaser'' as defined by the Securities and Exchange Commission, which means they must earn at least $200,000 a year and have investable assets of at least $5 million. The insured must qualify medically for an insurance policy -- in other words, not hooked up to life support in intensive care.

But tax lawyers say the most difficult hurdle concerns restrictions around the choice of the investments. The ''private placement'' part means that the investor must be willing to choose, from a list preselected by the insurer, the bonds, stocks, hedge funds or other investments in which premiums will be invested. In other words, you can't try to stuff in your separate hedge fund investment, a move that can run you afoul of the Internal Revenue Service.

And you can't stuff in paintings or other valuables, Mr. Waxman added. He said the policies were not good for those wanting to invest in private equity, because the latter can be difficult to convert to cash.

Gideon Rothschild, an estates and tax lawyer in New York who specializes in offshore versions of the policies, said the people who can buy them ''are control freaks and tend to think they can invest better than anybody, including the hedge fund manager,'' and thus often shy away from them.

Though the policies require only a couple of premium payments, they are hefty. Insurers that sell them typically require at least a $1 million prepaid premium for a $10 million policy, and others require $5 million. Some policies have a value as high as $100 million or more, with the total premiums due ranging from $10 million or more each. Big sellers include MassMutual, the American International Group, New York Life, the Phoenix Companies in Hartford and Boston, Prudential, John Hancock and Crown Global Insurance.

But the various fees that can be owed in addition to the premiums are typically well below fees for other forms of investable insurance.

They can include a one-time sales load charge, a required annual mortality expense, the monthly cost of insurance, a state premium tax and a deferred acquisition cost. If a trust or foreign corporation is set up offshore to house the policy, there are other fees, including one paid to the trustee of the entity that owns the policy.

If the policy owns hedge funds, investors may also be required to pay the typical 20 percent cut of profits and a 2 percent management fee to the fund.

The total fees associated with an onshore policy vary, but Mr. Waxman said that, as a guideline, ''we try to make the total cost of the whole thing 100 basis points or less of the cash value'' of the policy. (One basis point is one one-hundredth of a percent, so 10 basis points would be 0.1 percent, or $50,000 on a $5 million policy.)

Lawrence Brody, an estate planning partner at the Bryan Cave law firm in St. Louis, said that ''you have to have the financial capacity to buy one of these, so that it's not too tempting to have a $100 million policy on your life and somebody who's a beneficiary who might want to kill you'' to collect the death benefit. ''You will want a billion or so in net worth, and the insurer will probably even require it.''

DRAWING (DRAWING BY MINH UONG)

February 10, 2011, Thursday    Late Edition - Final
Section: F    Page: 7    Column: 0    Desk: [Property PropertyName=TOLSDESK]dsk[/Property]    Length: 1177 words

Advisor News

  • Advisors must lead the policy risk conversation
  • Gen X more anxious than baby boomers about retirement
  • Taxing trend: How the OBBBA is breaking the standard deduction reliance
  • 6 in 10 Americans struggle with financial decisions
  • New Trump administration rule seeks to bail out private equity, credit with workers’ 401(k) savings
More Advisor News

Annuity News

  • ‘I get confused:’ Regulators ponder increasing illustration complexities
  • Three ways the Corebridge/Equitable merger could shake up the annuity market
  • Corebridge, Equitable merge to create potential new annuity sales king
  • LIMRA: Final retail annuity sales total $464.1 billion in 2025
  • How annuities can enhance retirement income for post-pension clients
More Annuity News

Health/Employee Benefits News

  • Caregiver crisis impacting LTC services
  • ASSEMBLY PASSES LEGISLATION TO EXPAND ACCESS TO ACUPUNCTURE SERVICES IN NEW YORK
  • Lamont, Democrats divided on Connecticut Option health plan as clock ticks on legislative session
  • Luigi Mangione’s continued support shows need for swift trial, prosecutor says
  • Findings from Tufts Medical Center Has Provided New Information about Cancer (“Nothing Is as Great a Learning Experience as Getting a $15,000 Bill”A Mixed-Methods Study of Young Adult Cancer Survivors’ Experience With Insurance Coverage): Cancer
More Health/Employee Benefits News

Life Insurance News

  • AM Best Affirms Credit Ratings of MetLife, Inc. and Its Life/Health Subsidiaries
  • Guardian Completes Integration With FINEOS to Expand Digital Capabilities and Deliver a Simplified Leave Experience
  • From marathons to mountaineering: Ranking which sports and hobbies affect life insurance the most
  • AMERICA'S CREDIT UNIONS HIRES VETERAN WASHINGTON ADVOCATE TO LEAD POLICY STRATEGY
  • Society of Actuaries announces Clar Rosso as next CEO
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Protectors Vegas Arrives Nov 9th - 11th
1,000+ attendees. 150+ speakers. Join the largest event in life & annuities this November.

An FIA Cap That Stays Locked
CapLock™ from Oceanview locks the cap at issue for 5 or 7 years. No resets. Just clarity.

Aim higher with Ascend annuities
Fixed, fixed-indexed, registered index-linked and advisory annuities to help you go above and beyond

Unlock the Future of Index-Linked Solutions
Join industry leaders shaping next-gen index strategies, distribution, and innovation.

Leveraging Underwriting Innovations
See how Pacific Life’s approach to life insurance underwriting can give you a competitive edge.

Press Releases

  • RFP #T01525
  • RFP #T01725
  • Insurate expands workers’ comp into: CA, FL, LA, NC, NJ, PA, VA
  • LifeSecure Insurance Company Announces Retirement of Brian Vestergaard, Additions to Executive Leadership
  • RFP #T02226
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet