A Tax-Deductible Buy-Sell Agreement

One of the critical needs of a small business is to protect against the untimely death of an owner. This is important because the family of the owner may face a large tax bill, and may not have the liquidity to pay the tax. To make matters worse, it may not be desirable for the deceased owner’s family to have a hand in running the business and surviving owner may not have enough cash for a buyout.

This problem can be solved with a well designed buy-sell agreement. Although there are a variety of ways to structure such an arrangement, the two most common approaches are the stock redemption and the cross-purchase plans. Because of leverage and tax efficiency, these plans are often funded with life insurance. Insurance can provide both the liquidity needed by the family to meet its tax obligations and the ready cash for the surviving owners to purchase the interest of the deceased shareholder.

In a stock redemption plan, the business agrees to purchase or retire the stock of a deceased stockholder. Typically, the business purchases life insurance on each stockholder to fund the arrangement. In a cross-purchase plan, the owners agree to buy the stock of a deceased partner. To fund a cross-purchase agreement, each owner buys life insurance on each of the co-owners. In both cases, life insurance guarantees that funds will be available if and when they are needed.

A frequent obstacle to funding a buy-sell arrangement is a lack of sufficient cash to pay for the required insurance. For example, in a 28% tax bracket, it takes $3,472 in pre-tax earnings to support a $2,500 life insurance premium. So, it’s not surprising that many owners ask if there is a way to deduct the cost of the insurance premium. Can this be done?

In fact, there is a way . . . by purchasing life insurance through a profit-sharing plan sponsored by the business. When properly structured, the funding of a cross-purchase plan in this manner has all the advantages of a traditional buy-sell agreement, with the added benefit of income tax leverage to reduce the owners’ out-of-pocket costs.

A Little Background. . .

The Internal Revenue Service (IRS) defines a qualified profit-sharing plan as a plan of deferred compensation. This definition creates flexibility that is not available with a qualified pension plan.

Amounts allocated to the profit-sharing account of a participant may be used to provide incidental life insurance protection for himself or anyone in whom the participant has an insurable interest [Treasury Reg. 1.401-1(b)(1) (ii)]. The IRS has agreed in private letter rulings that this regulation supports the purchase of life insurance on the life of a co-shareholder, to fund a cross-purchase agreement. (See PLRs 8108110 and 8426090.)

Generally, in designing such an arrangement the following conditions should be met:

1. The plan must be a tax-qualified profit-sharing plan.

2. The plan should allow each individual participant to direct a portion of his or her account toward the purchase of life insurance.

3. The plan should provide that participants may purchase life insurance on themselves, or on the life of any individual in whom they have an insurable interest.

4. The purchase of insurance must meet the so-called “incidental death benefit” limitations.

5. Taxable insurance costs (“PS-58 costs”) must be reported by the participant whose account is supporting the cost of the life insurance.

6. If the participant is married, the spouse of the participant should consent in writing to the use of the profit-sharing funds in this manner.

7. At death, the amount at risk under the policy may be distributed immediately to the surviving shareholder. This amount is received free of income tax and may be used to satisfy the buy-sell agreement. The cash value portion of the policy should remain in the profit-sharing plan.

The funding of a cross-purchase agreement through a profit-sharing plan in this manner may work best for small, closely-held businesses with two or three owners. But, it can work in larger businesses as well, and this approach may provide a cost-effective means of purchasing life insurance. This is an important consideration for any business that may not otherwise have the ability to fund the buy-sell plan.

If you need help setting up a buy-sell agreement, choosing appropriate insurance coverage, or help reducing your tax liability exposure, please contact us at (312) 554-5889 or at ivan@otbfinancialplanning.com.

Partnering with Outside The Box Financial Planning offers numerous benefits for individuals seeking retirement planning, small business support, wealth management, and beyond.  With their fiduciary duty, comprehensive approach, unbiased advice, transparent fee structure, and ongoing support, OTBFP act as a trusted advisor who prioritizes your best interests. Click here to schedule a complimentary “Fit” meeting to determine if we would make a good mutual fit.

Remember, financial decisions have long-lasting implications, and working with a professional can provide the expertise and guidance necessary to make informed choices that align with your financial aspirations. 

However, if you would like to take a shot at building a financial plan on your own, we offer our financial planning software, RightCapital, free of charge. Click here to get started.

We will spend almost $20 billion in 2018

When we were in elementary school, most of us have fond memories of receiving cards and candy on every February 14th. We would bring a decorated shoe-box to school and by the end of the day, it would be filled with sweet notes from our classmates and lots of candy.

But how many of us knew then, or know now, the history of Valentine’s Day? Or how big Valentine’s Day business really is? Let’s explore.

A Muddled History of Valentine’s Day

The history of Valentine’s Day is shrouded in mystery – and some would say its origins are anything but romantic. But most historians agree that today’s holiday can trace its roots through both Christian
and Roman history.

Many historians suggest that the ancient Romans are responsible for our modern Valentine’s Day because Emperor Claudius II executed two men – both happened to be named Valentine – on February 14th
of different years in the 3rd century. Legend suggests that one of the Valentines, a priest, performed marriages in secret despite the fact Claudius had outlawed marriage for young men because he decided that single men made better soldiers than those with wives. When Claudius discovered that Valentine was performing marriages, he was put to death.

Other historians suggest that the Christian church
may have decided to place St. Valentine’s feast day in the middle of February to “Christianize” celebration of Lupercalia, which was a fertility festival – as well as a pagan one – dedicated to the Roman god of Agriculture, Faunus.

The Business of Valentine’s Day

No matter your historical perspective, no one can argue that in 1913, Valentine’s Day forever changed when a Kansas City-based firm named Hallmark
Cards began mass producing Valentine’s Day cards.

And today, Valentine’s Day is huge business:

• According to the National Retail Federation, consumers in the U.S. will spend an estimated $19.6 billion on gifts for Valentine’s Day, up from $18.2 billion the previous year.
• More than 10 percent, or $2 billion, will be spent on flowers. And this one day represents 13% of the annual flower sales.
• According to the Greeting Card Association, an estimated 1 billion Valentine’s Day cards are sent each year, making Valentine’s Day the second largest card-sending holiday of the year (2.6 billion cards are sent during Christmas).
• Women purchase approximately 85% of all valentines. But men spend almost twice as much as women on Valentine’s Day gifts.
• $143.56 is the average amount we will each spend on Valentine’s Day in 2018
• $3.7 billion is the total amount spent by couples planning a night out on Valentine’s Day.
• 94% of Americans want chocolate as a gift.

Valentine’s Day & Financial Planning

So, you’re probably wondering, “what does
Valentine’s Day have to do with financial planning?”

Well, I could suggest that the amount of money we spend each Valentine’s Day is reflective of the overall economy, much like Black Friday signifies the health
of the upcoming shopping season. Or I could suggest that the $20 billion is a big part of our consumer spending, which makes up 2/3 of our GDP
(but remember U.S. GDP is about $18 trillion).

But truthfully, Valentine’s Day really has nothing to
do with financial planning at all.

So, how about instead I promise if you sign up for my newsletter, I’ll send you a box of chocolates? Happy Valentine’s Day!

Organization, efficiency, and discipline are the three primary steps of financial planning. Organization is knowing where your money comes and goes. An efficient portfolio means a better chance of profits, and discipline keeps you on the right track.

Statistics tell us that the average credit card debt per person - including all people who pay off their cards each month - is over $5,500. Folks don’t have a handle on the big picture of their personal financial world.

If you are one of these folks, you should know what the steps of financial planning are and get started today, either on your own, using resources on the Internet, or by hiring a financial planner.

The first and most important step of financial planning is organization. You can be a lot closer to your financial goals in life by organizing your finances and understanding money flows, both inflows (like your paycheck) and outflows (bills).

If your financial life isn’t terribly complicated, an Excel spreadsheet may suit your needs perfectly. However, using something a little more sophisticated, such as Mint, Quicken or other online budgeting tools may become necessary, as you and your financial life continue to evolve.

There are a million ways to approach organization, but the “how?” is nowhere near as important as “when?” Of course, the answer to when to start organizing is now.

Whatever method you choose, once you set up the system you should enter historic information as far back as 12 months (if you have it). This requires digging out the old bank, investment and credit card statements. It’s not as intimidating as it sounds. In today’s connected world, you can simply download the transaction history from your bank, investment or credit card companies, and import it directly into your Mint or Quicken file. You still need to go through things, but much of the data entry is done for you.

If you don’t have the time, the facility or the patience to enter this historic information, don’t give up. Tracking your information from today forward is valuable as well. Think about it: In a year, you’ll have 12 months’ worth of history in your system.

As you generate this history (or review the old history), patterns of your spending habits emerge. Perhaps you spend much more on golfing than you realized, or maybe your home decorating expenses were greater than your mortgage payments over the last year. Each of these patterns helps you to understand where your money goes. Once you know that, you can begin to control it.

Quicken or Mint.com also organizes your investments, which takes us to the next step: efficiency.

If you have a couple of old 401(k)s from former employers, you can look at all investment accounts from a top-down perspective, using these tools. For many folks, it may be the first time you see all your investments in one place.

This is when you adjust your allocation for a more efficient portfolio. You might think your investments were diverse enough but find that you bought the same investments in multiple accounts. An efficient allocation is about spreading your money across many different broad asset classes.

Now we’re into the place where the rubber meets the road. After you organize everything in an efficient manner, you need to maintain this organization over time. This requires discipline.

You need to balance your checkbook at the end of the month and keep your information up-to-date when you receive the credit card and investment statements. The automated tools help a lot, but you can’t just let it go on autopilot. You need to sort through the information to understand what’s going on with your cash flow and investments. You might need to change your spending habits or rebalance your investments if they get out of line.

But what takes the most discipline is maintaining your investment allocation as planned when the market is very volatile. You might be tempted to pull out of the market after a big loss or start buying in when the market has a huge run-up. Keeping you disciplined is quite often the major benefit of having a financial advisor, who can help you maintain the proper long-term perspective of your investment allocation and not let emotions rule the actions.