Listed Transactions


   

CPA’s Guide to Life Insurance

Author/Moderator: Lance Wallach, CLU, CHFC, CIMC

Below is an exert from one of Lance Wallach’s new books.



Lance Wallach



If a transaction is designated as a listed transaction, affected persons have disclosure obligations and may be subject to applicable penalties.
.3         Like Notice 2007-83 and Notice 2007-84, Revenue Ruling 2007-65 is aimed at promoted arrangements under which the fund trustee purchases cash value life insurance policies on the lives of the employees who are owners of the business (and sometimes key employees), while purchasing term insurance policies on the lives of other employees covered under the plan.  They are currently sold as IRC §419(e), IRC §419A(f)(6), or IRC §419 plans.  These are sometimes sold as single employer plans.  These plans anticipate that the plan will be terminated and the cash value policies will be distri­buted to the owners or key employees with very little distributed to other employees.  The promoters claim the insurance premiums are currently deductible by the business, and that the distributed insur­ance policies are virtually tax-free to the owners.  The ruling makes clear that, going forward, a business cannot deduct the cost of pre­miums paid through a welfare benefit plan for cash value life insurance on the lives of its employees.  Some arrangements described by this ruling may qualify as listed transactions

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