FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION Understanding Executive Bonus...
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Transcript of FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION Understanding Executive Bonus...
FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Understanding Executive BonusPresented by…
Policies issued by American General Life Insurance Company ("AGL“)
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Disclaimer
The information presented herein is not a comprehensive analysis of the topic presented, and the viewer should consult tax and legal advisors to understand all the ramifications of the topics discussed.
This information is general in nature and may be subject to change. The Company, its financial professionals and other representatives are not authorized to give legal, tax or accounting advice. Applicable laws and regulations are complex and subject to change. Any tax statements in this material are not intended to suggest the avoidance of U.S. federal, state or local tax penalties. For advice concerning your situation, consult your professional attorney, tax advisor or accountant.
To ensure compliance with requirements imposed by U.S. Treasury Regulations, we inform you that any tax advice contained in this presentation (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Employer Challenges
Attracting Top Employees
Retaining and Rewarding Top Employees
Tax Efficient Plan
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Employee Challenges
Family Income Protection
Retirement
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus PlansWhy “Employee” Owned
Tax-deferred accumulation
Tax-preferred distributions
Income tax-free death benefit
No income limits on participation
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus
Requirements for Plan to Qualify
Employer may NOT be beneficiary
Total salary and bonus must represent “reasonable
compensation”
Bonus to pay premium is ordinary and necessary
business expense
Employer must pay FICA and Medicare taxes on
bonused amounts
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus
Simplest
of the
Executive Benefit Plans
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus
EmployerEmployer EmployeeEmployee
Reportable IncomeBonus/Loan for Income Taxes
Premium Payment Policy OwnershipCash Value (unless restricted)Death Benefit
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Benefits to the Employer
Salary or bonus used to pay premiums represents an ordinary and necessary business expense of the employer, and, to the extent compensation is “reasonable” in the aggregate, is tax-deductible under Section 162.
The arrangement does not have to be prequalified by the IRS, nor is it subject to annual reporting and disclosure rules.
There are no annual administrative costs.
The employer may freely select the employee(s) it wishes to benefit and vary the benefit among the participating employees.
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Benefits to the Employee
Employee owns the policy, so it is portable if he or she terminates employment.
The death benefit is income-tax-free.
The employee’s income tax liability for additional compensation can be met by borrowing or withdrawing policy cash values (with a reduction in death benefit and possible tax consequences) or receiving an additional bonus from the employer.
The employee can use the cash value of the policy to, among other things, supplement retirement income (with a reduction in death benefit and possible tax consequences).
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus
efficient, cost effective
Meet family financial needs
Protect survivors
Ensure a legacy
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus
Ask a business owner about…
Rewarding key employees?
Ability to select whom they reward with no discrimination rules?
A plan where all contributions could be tax deductible?
Adding bells and whistles to their employee’s retirement plans?
Giving protection to employee’s family in exchange for his/her loyalty to the company?
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus - Opportunities Any closely held business with key employees;
Family businesses or sole proprietorships with
family members as employees;
Companies wishing to find a replacement for
qualified plan benefits;
Providing a premium source to fund a cross
purchase buy-sell between shareholders.
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus - Opportunities
Almost any type of life insurance policy
can be used.
However, selecting a product with excellent cash value growth potential combined with
preferred policy loans can prove superior for supplemental income and death benefit
coverage.
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus - Prospects
Age: Pre-Retirement
Income: Highly Compensated
Status in Company: Experience that cannot be
replaced.
Chief Executive Officer Chief Financial Officer
Chief Marketing Officer President
Executive Vice President Member of the Board of Directors
Senior Vice President Highly Compensated Sales People
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Structures
& Variations
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Basics
Single Bonus
Employer pays annual premium Employee cost — Tax on Bonus Example:
– Employer pays $10,000 Premium– Employee cost – tax on $10,000 ($10,000 x 0.30 = $3,000)
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Basics
Double Bonus
Employer covers annual premium plus tax on bonus Employee cost – zero out of pocket Example:
– Employer pays $10,000 premium + additional cash to pay tax– “Grossed up bonus” to Executive = $14,286– Bonus amount ÷ (1-tax rate)– $10,000 ÷ (1.00 - 0.30) = – $10,000 ÷ 0.70 = $14,286
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Basics
Bonus Plus Employer loans an amount sufficient to cover the income tax associated with the annual bonus Employee cost – zero out of pocket Example:
– Employer pays $10,000 premium + loans the employee $4,000/year (assuming a 40% tax bracket) to pay the income taxes that are due.– Appropriate IRS established interest must be charged for the loan until it is repaid in full. (If properly structured the cash value can be used to repay the principal and interest.)
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Basics
When Employer Wants More Control: Consider a “restricted” executive bonus arrangement Separate agreement between Employer and Executive Limits executive’s access to policy values Employer can better assure policy values use as planned This planning may help retain the executive with the employer
Control is the key word!
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Basics
Restrictive Executive Bonus Arrangement (REBA) Restricts executive’s use and enjoyment of the policy’s cash value Agreement between employer and executive Employer pays premium Restrictive endorsement is executed
– Limits executive’s rights to cash value– Restrictive endorsement released on occurrence of triggering event– retirement, disability, age, specific number of years, death, mutual agreement, etc
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Arrangement
When does a Restricted Executive Bonus Fit?
Employer wants to control access to policy valuesOnly want to reward one or just a “few” key executives
Employers that wish to supplement qualified plansBusinesses that wish to provide supplemental benefits but don’t want high and/or continuing administration costs
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus
Issues to consider with any Executive Bonus
Arrangement:
Tax bracket of corporation and executive
Employer desires control of the plan
– Use restrictive agreement
Concerns about executive turnover
– Look to restrictive plan
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Theresa Kelly(Flower Shop Owner)
Theresa would like to reward Kathy for her efforts and
encourage her to continue working until her retirement.
She also wants this cost to be tax deductible to the company.
AG SecureLifetimeGUL II
The business purchases$1M policy
with GuaranteedDeath Benefit
for Kathy’s family
Solution Details
The business pays the insurance premium as an Executive Bonus,
which is tax-deductible
Kathy Johnson(Flower Shop Manager, age 50)
Premiums: $15,743 per year paid for 15 years with company cash bonuses
Protection Guarantees with Optionality® Executive Bonus Plan Keeps Key Employee
Additional bonuses are made to Kathy to cover any tax liabilities
Not an actual case. For illustrative purposes only. Quoted values based on female, issue age 50, Standard Plus Nontobacco underwriting class. Quote dated 05/28/2014 for the state of Texas.
AG Secure Lifetime GUL II®
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Executive Bonus Plans are a VALUABLE tool in helping:
1.Employers Recruit – Reward – Retain
2.EmployeesSave for Retirement
3.AgentsProvide valuable planning services and get
compensated
Executive Bonus Conclusion
FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Thank YOU!
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Important Information
The concepts presented herein are for informational purposes only and do Not constitute a recommendation that they are suitable for a particular individual or business. Neither American General Life Companies, nor its agents orrepresentatives, provide legal or tax advice. Any comments about legal or taxtreatment simply reflect the author’s understanding of current interpretations of thefederal tax laws as they relate to the planning technique. No coverage is given tostate tax laws, which must also be considered. Tax laws are also subject to changein the future. Clients and prospects should consult their own legal and tax advisorsto determine whether the recommended approach is appropriate for theircircumstances.
There are complex legal and tax implications associated with the strategy illustratedhere. The information presented herein is not a comprehensive analysis of the topicpresented. Clients must consult their own tax and/or legal advisors to determinewhether or not any plan or program illustrated is appropriate for them and tounderstand all the benefits and risks of any premium financed transaction.
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FOR FINANCIAL PROFESSIONAL USE ONLY-NOT FOR PUBLIC DISTRIBUTION
Important Information
Policies issued by: American General Life Insurance Company, 2727-A Allen Parkway, Houston, Texas 77019. Policy Form Numbers 10460, ICC-10460; Lifestyle Income Rider Form Number 13972; Accidental Death Benefit Rider Form Number 82012; Children’s Insurance Benefit Rider Form Number 82410; Spouse/Other Insured Term Rider Form Number 88390; Terminal Illness Rider Form Number 91401; Waiver of Monthly Deduction Rider Form Number 82001. The United States Life Insurance Company in the City of New York, One World Financial Center, 200 Liberty Street, New York, New York, 10281. Policy Form Number 10460N; Lifestyle Income Rider 13972N; Accidental Death Benefit Rider Form Number ADB791E; Children’s Insurance Benefit Rider Form Number CI791E1; Waiver of Monthly Deduction Rider Form Number 82001N. The underwriting risks, financial and contractual obligations and support functions associated with the products issued by American General Life Insurance Company (AGL) and The United States Life Insurance Company in the City of New York (US Life) are the issuing insurer’s responsibility. Guarantees are subject to the claims paying ability of the issuing insurance company. American General does not solicit business in the state of New York. Policies and riders not available in all states. American General Life Companies, www.americangeneral.com, is the marketing name for a group of affiliated domestic life insurers, including AGL and US Life. These product specifications are not intended to be all-inclusive of product information. State variations may apply. Please refer to the policy for complete details.
AGLC107389
© 2015. All rights reserved.