IRS Warns of Abusive Tax Shelters on 2017 ‘Dirty Dozen’ List of Tax Scams
For the third consecutive year, the
"Taxpayers should avoid unscrupulous promoters who encourage the use of phony tax shelters designed to avoid paying what is owed," said IRS Commissioner
The
Tax law generally allows businesses to create "captive" insurance companies to protect against certain risks. Traditional captive insurance typically allows a taxpayer to reduce insurance costs. The insured business claims deductions for premiums paid for insurance policies. Those amounts are paid, either as insurance premiums or reinsurance premiums, to a "captive" insurance company owned by the insured or parties related to the insured.
Under section 831(b) of the tax code, captive insurers that qualify as small insurance companies can elect to exclude limited amounts of annual net premiums from income, so that the captive pays tax only on its investment income.
In abusive "micro-captive" structures, promoters, accountants or wealth planners persuade owners of closely held entities to participate in schemes that lack many of the attributes of genuine insurance. For example, coverages may insure implausible risks, fail to match genuine business needs or duplicate the taxpayer's commercial coverages. Premium amounts may be unsupported by underwriting or actuarial analysis, may be geared to a desired deduction amount or may be significantly higher than premiums for comparable commercial coverage.
Policies may contain vague, ambiguous or deceptive terms and otherwise fail to meet industry or regulatory standards. Claims administration processes may be insufficient or altogether absent. Insureds may fail to file claims that are seemingly covered by the captive insurance.
Captives may invest in illiquid or speculative assets or loan or otherwise transfer capital to or for the benefit of the insured, the captive's owners or other related persons or entities. Captives may also be formed to advance inter-generational wealth transfer objectives and avoid estate and gift taxes. Promoters, reinsurers and captive insurance managers may share common ownership interests that result in conflicts of interest.
In Notice 2016-66 (
22VistaJ-5775868 22VistaJ


Forbes talks health care, tax reform at Wilkes University lecture March 1
Thousands of Florida mortgages could be at risk because of insurance abuse
Advisor News
- CT governor’s candidates claims: What’s true, and what’s misleading
- Retaining clients by giving them a memorable experience
- Addressing the longevity paradox
- Employers shift focus from retirement access to financial outcomes
- Helping widowed clients navigate their new financial reality
More Advisor NewsAnnuity News
- Foresters Financial appoints Tom Ross as chief distribution officer for U.S. annuity sales
- Symetra and TIAA Announce Launch of Mariner Re
- Jackson Launches Suite of Fixed Index Annuities Focused on Accumulation
- Farm Bureau P&C insurers post first underwriting gain since 2021
- Legacy Marketing, Malibu Life launch two fixed indexed annuities
More Annuity NewsHealth/Employee Benefits News
- Studies from Northwell Health Describe New Findings in Managed Care (The Relative Value Scale Update Committee: Understanding How Dermatologists’ Work Is Valued): Managed Care
- Hofstra University Details Findings in Managed Care (A University and Community Partnership to Address Diaper Insecurity Among Infants in Suburban Communities Through Home Visiting Services): Managed Care
- Reports Outline Managed Care Study Results from Brown University School of Public Health (Organizational Perspectives on Access to Care Among Persons With End-Stage Kidney Disease After Enrollment in Medicare Advantage): Managed Care
- Reports Summarize Managed Care Study Results from Marquette University (Nontraumatic Dental Emergency Department Visits and Follow Up Dental Care Among Wisconsin Medicaid Beneficiaries): Managed Care
- Carson Tahoe Health reaches deal with UnitedHealthcare
More Health/Employee Benefits NewsLife Insurance News