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Location: Home > house > Investment advice: how life insurance can increase estate taxes, and how to avoid it
When you sit down at the dinner table with a life insurance agent or shop online for life insurance, it is a good fundamental practice to have a basic understanding of insurance ahead of time. Life insurance is not a typical subject matter in most educational institutions. It is up to you, therefore, to research life insurance and develop a level of competency that is sufficient.
Discussion of life insurance often revolves around the question: "Which is better, whole life or term"? Once that question is answered, many people go no further in their educational journey. This can be a disastrous misstep that will haunt you or your loved ones for many years.
Just as there is more to an investment than rate of return, there is more to insurance than premium, cash value, and death benefit. In particular, the tax implications of a life insurance policy are vital to its overall structure.
Here is a pop quiz about life insurance and taxes.
Question 1: Is the money I pay each month for life insurance (premium) taxable?
Question 2: Is my death benefit taxable?
The answers to these questions are yes, and yes and no. If you scored a perfect score on this you are above average. The first question is not that tricky. The government has a general rule about income: they tax it, but only once. Therefore, the income used to pay the premium for a life insurance policy is taxed, but the death benefit is not. This is a great because the premium of your policy is pennies on the dollar of your death benefit. For example, if you have a $250,000 term policy and you are paying $15 per month in premium, the amount of tax the government gets on the $15 is significantly less than if they taxed the $250,000 when you die.
Many insurance agents take the tax benefits of life insurance and use it as a sales technique: "Think about this Mr. Prospect...if you buy a life insurance policy not only are you buying peace of mind for your family, but if, God forbid, something did happen to you, they would get the death benefit TAX FREE!" Unfortunately, many insurance agents are not aware that such a statement is only a half truth. The part of the statement that is true is this: The money received from a death benefit is free from income tax. It is not a part of your earned income for that year.
The part of the statement that makes it half untrue is that death benefits are subject to estate taxes. For many people this simply doesn't apply because the estate is not large enough to be estate taxable. The question to be asked is "what does my estate look like with my death benefit amount added in?" If you are purchasing a term policy with a huge death benefit due to its low cost, it can throw you over the top. How much can I have before my estate is taxable? If you die before 2006, and the estate is over 1.5 million, your heirs could be taxed up to 48% on the amount over. Your heirs have nine months from the date of your death to submit the amount due. For 2006 the estate tax exemption is two million and the amount taxed drops one percentage point to 47%. In 2007 and 2008 the exemption remains at two million and the percentage taxed drops to 46%. Finally, in 2009 the exemption increases to 3.5 million and the tax drops to 45%. After that the estate tax on life insurance is legislated to go away. Whether that actually happens is uncertain. Many experts in the industry doubt that it will because the government has been dependent upon the revenue generated by estate taxes for so long.
Even if it never goes away, there are ways that life insurance can be protected. The first, a spousal exemption, is only a temporary protection. The estate is exempt from tax if it is passed on to the spouse. When the spouse dies and the inheritance is passed to the children or other heirs, it then becomes estate taxable. If you use this plan, make sure your spouse plans to live lavishly, and disinherit your children.
The safest way to protect the death benefit of a life insurance policy from both income tax and estate tax is an entity called an "irrevocable life insurance trust" or ILIT, for short. An ILIT creates a life insurance policy that still has your family as beneficiaries (or whomever you assign), but does not have you as the owner of the policy per se. If you do not own the policy (your trust owns it), it cannot be considered a part of your estate. How can I have a life insurance policy on myself that I do not own? Ownership is only one of four parties involved in each life insurance policy. For each policy there is an owner, an applicant, an insured, and a beneficiary. Most policies are set up where the applicant, owner, and insured are all the same person. With an ILIT, the ownership is the trust, the applicant and insured is you, and the beneficiaries are your intended heirs.
Let's look at an example of how this could play out. Mr. and Mrs. Jones and Mr. and Mrs. Smith die in a plane crash in 2004. Their children are now responsible to settle their estates. Ironically, both couples have 1.7 million dollar estates. Mr. and Mrs. Jones have a combined total of 1 million dollars in life insurance that they own, and $700,000 in other assets. Mr. Smith only has a $750,000 policy, but it is in an irrevocable life insurance trust, so he does not own it. He and his wife have $950,000 in other assets. What the difference in estate taxes to be paid? The Jones' heirs will pay tax on the $200,000 that their estate exceeds the 1.5 million figure. They will pay up to 48% or $96,000. This reduces the estate to approximately 1.6 million. Mr. Smith, however, has no estate tax due. Why? By putting his life insurance policy in the ownership of a trust, it was not a part of his estate, and therefore, is not estate taxable. This drops his taxable estate to $950,000, which is below the exemption maximum. The end result is that even though the Jones' had a greater amount of life insurance, and an equal amount of assets as Mr. Smith, their net estate was less.
The down-side to irrevocable life insurance trusts is the "irrevocable" part. Because you make the trust the owner, you have no ability to change the policy guidelines once they are established. By the policy being "locked", using ILITs take away access to the living benefits of a life insurance policy such as borrowing money from the cash value. For this reason, many people only use ILITs on policies that are established strictly for the purpose of the death benefit where estate taxes are an issue.
The next step is to determine if it is necessary to protect your assets from estate tax with an irrevocable life insurance trust, or if the restrictions of an ILIT outweigh the savings. If you decide that an ILIT is right for you, your insurance agent and an estate planning attorney will be more than happy to help you set one up. |
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