What Can a Buy-Sell Plan Do for Your Small Business

In 2016, there were 28.8 million small businesses according to the Small Business Administration. Small Business accounts for 99.7% of U.S Businesses, which employee 56.8 million people. Here in Carteret County, the overwhelming majority of businesses are small businesses. Many are owned by partners while others are entities (C or S Corps).

No matter the ownership or number of employees, one issue that should be of concern is the death of one of the owners.  This occurrence brings several questions. What will happen to the business? Will the deceased owner have a family member who wants to step into his/her position? If so, will this person be qualified to do so? What impact will the death have on the operational and financial stability of the business? These issues and others can be addressed by a Buy-Sell Agreement funded with life insurance.

There are two types of Buy-Sell Agreements, Cross Purchase, and Entity Purchase. A Cross Purchase Agreement is usually best when a business has 2-3 owners.  In this type of agreement, the partner(s) purchase a life insurance policy on each other.  The death benefit will be approximately equal to an agreed upon purchase price. The owner and the beneficiary is the same person and the other partner is the insured. The owner pays the policy premiums which are not tax-deductible.  At a partner’s death, the surviving partner(s) receive a death benefit income-tax free from the life insurance policy owned on the deceased. The surviving partner(s) use the life insurance proceeds to buy the deceased partner’s share of the business from his/her estate at the agreed upon purchase price.  

An Entity Purchase is best used when a business has 4 or more owners. The Business and the owners enter into an entity purchase buy-sell agreement.  The Business purchases a life insurance policy on each owner. The Business is the owner and beneficiary of each policy.  

The Business pays the policy premiums which are not tax-deductible. At an owner’s death, the business receives a death benefit tax-free from the life insurance policy. The Business uses the policy proceeds to buy the deceased partner’s share of the ownership from his/her estate at the agreed upon purchase price.

With any business sale/purchase, there will be taxes involved. When it comes to the taxation of a buy-sell agreement, there are some similarities and differences between the cross-purchase and entity agreements. In both agreements, the Death Benefits are received tax-free by the partner(s) or business; however, make sure policy ownership is properly arranged so the death benefits will not be included in the deceased’s estate.  Also, in both cases, if the amount received by the estate equals the fair market value of the partnership or business at the time of death, there will be no taxable gain for federal income tax purposes. In an Entity Purchase, the business must obtain notice and consent from the insured prior to the policy being issued otherwise the death benefits will not be received tax-free. In addition, with an Entity Purchase, some C Corporations may be subject to the Alternative Minimum Tax (AMT).

A Buy-Sell Plan is a strategy most small businesses should consider. However, it is important to assemble the appropriate team to make sure the plan is structured correctly.  An attorney is required to draft the agreement so it will be legal and binding.  A Tax Professional is needed to make sure the agreement provides the desired tax results. Finally, an Advisor/Agent is necessary to write and service the life insurance policies. When done correctly, a buy-sell plan can provide an orderly succession of ownership for a business at a difficult time.

(Note- In the case of a single owner business, the owner may enter into a buy-sell agreement with an employee or interested buyer.)

Matt Dressel is the Owner of the Independent Financial Solutions Group, a Registered Investment Advisor. He is an Investment Advisor, Life Insurance Agent and does Financial Planning.  If you have any questions about this article, he can be reached at 252-515-0242 or matthewdressel.ifsg@gmail.com.

(Life Insurance Benefits could be subject to the claims-paying ability of the Life Insurance Company.)

Use Life Insurance to Leave a Legacy

The Merriam-Webster Dictionary defines Legacy as a “gift by will especially of money or other personal property”. Many people leave a legacy every year as part of their last will and testament.  This legacy comes in the form of cash being left to honor other individuals, institutions, religious organizations, or charities they feel very strongly about. The gift, in some cases many years in the making, comes as a result of financial success. Just take a look at any named college building, scholarship, or hospital wing as an example. At some point, we all reaped a benefit from one of the above legacies.    

How many of us would like to leave something behind to benefit others?  How many of us would like to leave an impact after we are gone?  The answer is probably most people.  Unfortunately, many individuals don’t carry through with this because of their financial situation.  Let’s be honest, the examples above were left by men and women who were very wealthy and possessed a high-net-worth.

However, this is a relatively inexpensive strategy that allows for a middle class or working class individual to leave their mark.  You can purchase a life insurance policy and name any individual or organization as the benefactor.  For example, a 50-year-old male, non-smoker, with an income of $40,000 per year wants to set aside $45.00/month to leave to the university from which he graduated. This would help fund a scholarship for students majoring in history. For this cost, the man would fund a $100,000 term life insurance policy, plus if he adds a waiver of premium rider, the policy will stay in force if he should become disabled and can no longer pay the premiums.  Upon his death, our man’s wish of leaving something to his university is accomplished. The university receives $100,000 tax-free which they then use to set up a scholarship for history majors; to show their gratitude, the scholarship will bear his name. Not bad for a middle-income earner.

If you wish to leave a legacy, life insurance can provide the answer.  You don’t have to be rich to use this strategy and the premiums are affordable.  An advisor or life insurance agent can help you make a difference that will last for generations.

Matt Dressel is the Owner of the Independent Financial Solutions Group, a Registered Investment Advisor. He is an Investment Advisor, Life Insurance Agent and does Financial Planning.  If you have any questions about this article, he can be reached at 252-515-0242 or matthewdressel.ifsg@gmail.com.

(Life Insurance Benefits could be subject to the claims-paying ability of the Life Insurance Company.)

Using Whole Life Insurance as a Roth IRA

Would you like to contribute to a Roth IRA but cannot due to high-income limitations? Are you making maximum contributions to a Roth IRA and wish you could contribute more? Would you like to have a source of tax-free income in retirement? Would you like to pass something to your heirs’ income tax-free? If you answered YES to any of these questions, perhaps Whole Life Insurance would be just the thing for you.

While a Roth IRA and Whole Life Insurance share several important attributes, whole life insurance offers features that are not available with a Roth IRA. First, contributions to both are made with after-tax dollars. However, annual contributions to a Roth IRA are limited to $6000.00 ($7000.00 for Age 50 and over) plus if you make a certain amount of income, you could be ineligible to contribute.  Most Whole Life Insurance policies will usually allow for extra premium payments which are greater than Roth IRA contributions.

A second characteristic shared by a Roth IRA and Whole Life Insurance is the contributions to each grows on a tax-deferred basis.  This is a great way to build wealth free of taxes.  There is a difference between the two on how the contributions are invested. Most Roth IRA contributions are invested in mutual funds which are subject to market risk which, in turn, will cause the value of the account to fluctuate.  On the other hand, premiums paid to a whole life insurance policy are put into interest-paying investments that provide a fixed rate of return free of market volatility. This return is the policy’s cash value and compounds over time.

A third shared feature between a Roth IRA and Whole Life Insurance is that the distributions from each is tax-free.  After age 59 ½ and the Roth IRA has been in existence for five-years, distributions are tax-free. Distributions can be taken from  Whole Life Insurance at any time as a tax-free loan as long as there is cash value to cover it and the policy is in-force.*  In addition, life insurance companies will occasionally return some of their profits to their whole life policyholders as dividends.  These dividends are considered the return of premium and by IRS rules are tax-exempt.

A final hallmark of both a Roth IRA and Whole Life Insurance is each has a beneficiary feature.  When a Roth IRA is opened, the account owner must name a beneficiary (usually a spouse) if he/she passes away.  However, a Roth IRA is included in the account owner’s gross estate and could be subject to federal and state estate taxes where applicable. Whole Life Insurance pays a tax-free death benefit to the insured’s beneficiary.  

When deciding on whether to use Whole Life Insurance instead of or in conjunction with a Roth IRA, you need to consider your present and future tax situation, goals, and estate plan. An advisor, a tax professional, and estate attorney will all prove useful in this decision.

* If Tax-Free Loans are taken and the policy lapses, a taxable event may occur.

Matt Dressel is the Owner of the Independent Financial Solutions Group, a Registered Investment Advisor.  He is an Investment Advisor, Life Insurance Agent and does Financial Planning.  If you have any questions about this article, he can be reached at 252-515-0242 or matthewdressel.ifsg@gmail.com.  

(Life Insurance Benefits could be subject to the claims paying ability of the Life Insurance Company.)

Disclosures: 1. Life Insurance Cash Values Grow Without Being Subject to Current Taxation. Dividends are Not Guaranteed.  Certain conditions apply if the policy is classified as a Modified Endowment Contract.  Always Consult a Tax Professional regarding your personal situation to determine the suitability of the use of whole life insurance.