Captive Insurance: Business, Estate Planning, and Asset Protection Considerations

Best Practices for the Creation and Utilization of an 831(b) Alternative Structure

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, August 6, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare estate planning counsel to leverage tax and asset protection benefits for clients by using captive insurance companies or a private insurance model. Our expert panel will provide best practices that are within IRS guidelines and safe harbors for structure and implementation through real-world examples in various industries.

Description

Captive insurance companies have historically been popular with large, self-insured corporations and were frequently formed offshore. However, through IRC 831(b), smaller entities can benefit from an estate planning perspective and establish them in the United States.

A properly structured captive provides significant asset protection benefits by removing the earnings on premium dollars from the reach of creditors of the business and the owners. Counsel can leverage a well-planned captive arrangement to reduce a client's estate and gift taxes.

Alternatively, a non-831(b) solution to enterprise risk management can be achieved via Private Insurance, A Private Insurance structure works much like traditional Insurance by determining risk, issuing policies, accepting premium ad paying claims. However, unlike commercially available insurance arrangements, in a Private Insurance structure, after claims and operating expenses are paid, the remaining funds continue to grow, often on a tax-advantaged basis.

Listen as our experienced panel reviews the IRC 831(b) election requirements in forming a captive, integrating it in wealth planning, and choosing the appropriate domicile. They will focus on the income, gift and estate tax as well as asset protection advantages. In addition, our panelists will offer available non-831(b) techniques through the use of real-world and industry-specific case studies.

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Outline

  1. History of captives and 831(b) architecture
  2. Why form a captive?
  3. Gift, asset protection and estate tax planning techniques
  4. The non-831(b) alternative: Private Insurance
    1. What is Private Insurance
    2. Types of insurable risks of a Private Insurance Structure
    3. Segregated Asset Plans
    4. 831(b) captives vs. Private Insurance
    5. Puerto Rico: The Ideal Domicile

Benefits

The panel will review these and other essential questions:

  • How do captive insurance companies provide estate planning benefits?
  • What are the requirements of IRC 831(b) to form a captive insurance company? How does it apply to small and mid-size businesses?
  • What are the non-831(b) alternatives to captive insurance?
  • What are the advantages of Private Insurance over a self-insured plan?
  • What should counsel consider in choosing an appropriate domicile?
  • How can you appropriately maximize a captive as an asset protection vehicle?

Faculty

Piercey, Rodney
Rodney H. Piercey

Partner
Piercey & Associates

Mr. Piercey has been serving affluent and high net worth clients with estate planning, asset protection and tax...  |  Read More

Sims, Mark
Mark Sims

President of Global Business Development
Captive Alternatives

Mr. Sims has more than 25 years of experience in risk management and insurance consulting, and focuses on the use of...  |  Read More

Wold, Robert
Robert K. Wold, AFIS, CLCS
Senior Risk Management Consultant
Carl E. Mellen & Co.

Mr. Wold serves as Senior Risk Management Consultant for the firm. He has more than 10 years of experience in financial...  |  Read More

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