Danger in Design: The Hidden Hazards of UL & VUL Policies

February 5th, 2010

traff sig clipart1 150x150 Danger in Design: The Hidden Hazards of UL & VUL PoliciesA few weeks ago I wrote about 3-Legged Stools and the pitfalls of UL & VUL policies. This has been a rather hot topic, so I wanted to expand upon it this week.

UL & VUL policies can appear very attractive when illustrated. Whether they offer a guranteed rate of return or not, you must read the policy itself very carefully to check for hazardous provisions. Such provisions may limit access to cash values, eliminate your guarantees or lead to severe financial hardship.

First, let’s talk about guaranteed rates of return on UL & VUL policies. In today’s environment guaranteeing a rate of return with UL & VUL policies may become a trap. Anything with liquidity, use and control over the cash values will not create that rate of return without some offsets somewhere. Here are some to look for.

Surrender Charges and Limited Access to Cash Values:        Some UL & VUL plans have long-term surrender charges, such as 20 years. In researching UL & VUL policies, we’ve found a rule of thumb: the lower the internal fees and higher the credited interest rate, the higher the surrender charge and the longer the surrender charge period. Surrender charges place a lien against the cash values and therefore those cash values are not available for policy loans nor can they be used to pay policy premiums. There are a variety of circumstances in life that may prevent someone from paying their premium. Divorce, job loss, reduction in pay, illness, or a death in the family are some of the most prevalent. If you’re unable to pay these premiums it could mean the loss of thousands of dollars of cash value. You want to be able to use your cash values not just have them look good on a policy design illustration. The limitations that steep surrender charges place on UL policies can cause severe damage.

Dividends in the Face of Inflation:        UL & VUL policies do not offer dividendsParticipating whole life insurance policies do provide a dividend. Dividends are non-taxable income because they are considered to be a return of premium paid. Dividends are calculated and declared at the end of the year based upon the total income and expenses of the insurance company. What happens in an environment of inflation or hyper-inflation which many economists predict we may see? Inflation is terrible for fixed income investments. It directly reduces the yield. A dollar earned today will be worth less tomorrow. That’s inflation. So, earnings from a fixed investment today with limitations on interest rate increases will be worth less when those earnings mature. Dividends are the hedge against inflation. In an inflationary environment, investment yields will increase across the board. The investment earnings that the insurance companygenerates will be greater in a period of inflation as those seeking investment dollars need to offer more in order to attract investment dollars. The increased earnings are passed down to participating whole life policyholders in the form of dividends. Holding a UL or VUL policy offers no such benefit and cash values will be worth less then anticipated.

The Term Insurance Chassis:       The chassis of UL & VUL policies is renewable term insurance. The internal term rates automatically increase by contract. It is a slow, annual increase in cost early on until it begins to compound rapidly as the insured ages. The premise of UL & VUL policies is that the cash value and earned interest will offset the increasing cost of the insurance. When that does not happen, as in today’s low interest environment, the cash value will not grow enough to offset future cost increases which are, by contract, guaranteed to occur.

Beyond that, here is the fatal flaw. Internal UL & VUL term costs are based on current and guaranteed rates. Current is simply what the insurance company charges today. The guaranteed rates are printed in the policy and are commonly 2-4 times higher than current. Keep in mind that there are only 3 ways to access the cash values in these policies.

  1. Policy Loans – Funds can be borrowed from the policy without creating a taxable event. These are tax-free funds.
  2. Withdrawals – These become taxable after the cost basis (total premiums) have been withdrawn.
  3. Annuitization – The policy is annuitized guaranteeing a stream of income for life. This  creates some taxation and the death benefit is taken away.

Let’s use this example: The insured takes a policy loan to avoid taxes, without the intention of repaying them. Conditions arise to cause the internal rates to move up to the guaranteed rate, which actually is the higher rate allowed by the contract. The combination of money removed for income and the higher mortality costs stresses the policy to the point that income (loans) and costs exceed earnings. From that “tipping point” the policy will lapse in a surprisingly short period of time. Once the policy lapses the previously unreported loan income becomes reportable, potentially causing a very large tax bill while the policy values vanish. The longer the policyowner lives the greater the risk and the greater the impact.

In effect, while the policy supposedly guarantees an attractive rate of interest it does not guarantee the income and death protection results that the insured wants and needs. Like all UL & VUL plans, it places the risk back onto the client.

When the death benefit is guaranteed, as it is with whole life, it becomes an asset which can be used to leverage guaranteed and tax free income without the risk of it coming back to bite the policy holder.

Scott Storace

Business Tax Deductions With Your Whole Life Insurance Plan

January 29th, 2010

Deduction Business Tax Deductions With Your Whole Life Insurance PlanI was recently asked by a reader of this blog to explain how an S-Corp can get a tax deduction for purchasing a vehicle with funds from a whole life insurance plan.

Let me start by saying that I am not a licensed CPA or tax preparer. As always, for thorough tax information regarding your unique situation it’s best to consult your tax professional. In answering this question I will also eliminate its S-Corp specific nature and instead refer to it as a business. I am not qualified to speak about the tax subtleties regarding the various entity structures. The information that I will share with you below does come from certified public accountants. I have information from 3 separate CPA’s that supports the information below based on today’s Internal Revenue tax code.

First, let’s review what the IRS allows a business to deduct. There are 3 important IRC sections to review.

  1. IRC Section 162 tells us that ordinary and necessary expenses incurred during the taxable year in carrying on trade or business can be deducted.
  2. IRC Section 163(h) tells us that, other than 7 exceptions, no personal interest is tax deductible. Trade or business is one of the exceptions.
  3. IRC Section 264(d)(4) tells us that policy loan interest is deductible for business purposes.

In claiming a tax deduction you will need to verify that the expense is indeed for a legitimate business use. If you are the lucky recipient of an IRS audit how will you prove this? The answer is: DOCUMENTATION. You will need to establish a paper trail. If you can’t prove it, it did not happen!!! Since every transaction can be different I won’t go into the detail of what documents are required. Your tax professional can assist with that.

Now let’s dive into the details.

  1. We first start with the whole life insurance. Since there has to be an insured life, we will assume that the business owner is the insured as well as the policy owner. The business owner will take out a policy loan and lend it to the business.
  2. The business will use the funds to purchase a vehicle. Again the vehicle must be used in the conduct of business in order to receive the deduction.
  3. The business will make regular payments to the policyowner based on the terms of the promissory note.
  4. The business owner will make regular payments back to his policy based on the terms of the policy loan.
  5. At the end of the year the business willl have paid interest on the loan to the policyowner. The business, in this case an S-Corp, will claim this expense on form 1120S. The policyowner will have received investment income. The business owner will claim this income on Schedule A of his 1040. The interest expense and the interest income ultimately cancel each other out. In the end the net tax deduction comes from the interest that gets paid to the insurance company for the policy loan.

Let me summarize this business banking transaction. The business has purchased a vehicle with financing from the owner’s life insurance company. The principal and interest for this loan go back to the business owners whole life insurance policy. He has become his own banker and financed the car for his business. The owner receives the interest income and the tax advantaged growth of his policy. The business gets a vehicle and a tax deduction for the interest expense paid to the life insurance company.

This scenario can play out in a number of ways. That’s why it really is the Infinite Banking Concept. Whether for personal or business, policy loans can be used to serve an infinite number of needs. Go to my website and see some of the ideas we’ve posted under Banking for Businesses.

Keep the questions and scenarios coming!! If there is ever a question that I don’t have the answer to you can be sure that I will do my best to find it.

Scott Storace

I am blessed to receive an abundance of referrals from satisfied clients but I will always welcome more! So send your friends and family my way. I’ll be sure to treat them right. You have my word on that.

Protecting Your Business with Life Insurance

January 24th, 2010

going out of business 300x175 Protecting Your Business with Life InsuranceMany business owners are masterful technicians in their field of expertise. In their angst and excitement to get their business launched they fail to look down the road. Why? There are many reasons but it’s extremely important to plan the business divorce before the wedding.

What would happen if you could not run your business? What if your partner suddenly perished? How would the business operate? Who would fill the voids? Do they have the expertise to do what you or your partners do? How would the assets be split and passed to the heirs of the deceased partner?

Preparing for such an occurrence is called succession planning…when a business will be transferred from one to another. It’s important that the proper funding for a succession be established upfront. Insurance is a great way to achieve that with minimal out of pocket expense. Whether the peril is disability or death, insurance can protect the key people in an organization and therefore ensure that the funds are available to keep the business moving forward in the event of a catastrophe.

These funds can be used to buy out a partner’s shares via a buy-sell agreement. The remaining partner(s) will then be able to maintain control of the business and keep it moving forward. Without this insurance it’s possible that the business would have to be sold to pay the deceased partners estate or the remaining partner(s) would have to buy out his ownership with personal funds or loans. This can spell disaster for the business.

This is why it’s important to plan the business divorce before the wedding. Sound business, financial and estate planning can eliminate setbacks before they occur.

In addition to the business planning benefits, whole life insurance can offer your business a highly liquid source of cash and tax advantaged growth for the partner(s). The cash values can be used like a business line of credit. Borrow what is needed, pay back the loan with interest and achieve a tax deduction for the business and an individual gain.

In the future we will explore additional examples of business, estate, financial & retirement planning using life insurance and other inurance products.

If you have a specific question or topic that you would like me to address please contact me!

Scott Storace

Bob the Baker or Bob the Banker? -The Infinite Banking Concept In Action

January 17th, 2010
 
Baker 150x150 Bob the Baker or Bob the Banker?  The Infinite Banking Concept In Action
“Bob the Baker” or “Bob the Banker?”

I want to illustrate the power of the banking concept as compared to traditional financing. Let’s assume Bob The Baker wants a $25,000 loan to buy a new oven. His local bank offers him the $25,000 at a rate of 10% for 7 years. Bob agrees to this and the following month begins making payments of $415.03. He makes these principal and interest payments monthly for the next 7 years. When the term of his loan is completed, what is he left with? Well he now owns the oven outright. But he has transferred every penny to the bank. This is money he can’t get back. For the opportunity of borrowing, he has paid interest to the bank of $9,862.47 in addition to his principal loan of $25,000. Therefore, he has shelled out a grand total of $34,862.47.

How would this change if Bob had properly funded a whole life insurance policy for use as his own banking system? Let’s look. To start we need to know a little more about Bob. He is 45 years old, in good health and living in California. He is considered a standard/non-smoker when being rated by the insurance company. These assumptions allow us to determine the characteristics of his policy. Now that we have done so, let’s make the same assumption that Bob will borrow $25,000 from his policy, or personal banking system, and pay himself back at the rate of 10% over the next 7 years. What happens? The payments are still the same amount of $415.03, but instead of taking 84 months to pay back the loan it only takes 68 months. That shaves off 16 monthly payments, saving Bob $6,640!

Now what is Bob left with and who has Bob’s money? He does! He paid himself back the $25,000 in principal along with $3,252 in interest. He has all the money that he would have spent but rather than transferring it to the local bank he has put it back into his pocket. He has effectively earned a 26.56%+ rat eof return for himself without taking any additional risk.

Where can you find a 26.56% rate of return today with minimal risk? In addition, every payment that he makes back to himself is available to be used immediately. He can get multiple turns of the same money…just like a bank does.

There are many variables which will make each scenario different from the next. As you can see though, by changing HOW you finance instead of WHAT you finance you can reap significant financial benefits.

Scott Storace

3-Legged Stools: The Pitfalls of UL & VUL Policies

January 10th, 2010

stool 1 sm 3 Legged Stools: The Pitfalls of UL & VUL PoliciesA 3-legged stool is great unless one of the legs is not aligned with the others. If they are not in perfect harmony then you’ll be severely off balance and tip over. This analogy describes some of the features of Universal Life(UL) and Variable Universal Life(VUL) policies.

These policies offer flexibility: flexible premiums, death benefits that can change, some control in how your funds are invested and more. Sounds great on the surface but the long-term question should be, can the stool stay balanced? To see we need to know what each leg of the stool is.

  1. Input of Premiums – The first leg is your input of premiums. UL & VUL policies do not require an annual premium to be made. In order to guarantee that the policy will not lapse you must continue to input premiums.
  2. Interest EarnedThe interest earned on UL and VUL policies can vary widely. Life insurance companies tend to invest conservatively in order to ascertain the benefits they have guaranteed. Variable Universal Life Policies allow the policyholder to exercise some direction over the investing of the funds within the securities markets. Performance risk is then transferred to the policyholder where traditionally that risk was retained by the insurance company.
  3. Internal Costs - The insurance company has costs that get passed through to the policyholder in UL & VUL policies. The largest of these is typically the cost of insurance. As the cost of the internal term life insurance rises, that cost gets transferred to the policyholder. Again, traditionally this risk was retained by the insurance provider. Other costs include monthly administration fees, sales charges and monthly premium expenses. These expenses vary widely from policy to policy.

These are the legs but how can they get mis-aligned?

  1. Market Fluctuations – A typical illustration will show a rate of interest that must be earned every year the policy is in existence. But the market is not perfect. Underperforming years require greater performance in future years to breakeven. For example a 25% loss on $1000 leaves a balance of $750. In order for that $750 to grow back to $1,000 requires 33% rate of return. Market fluctuations reduce the interest earned and reduce the cash values within the policy. To prevent a lapse in the policy, additional premiums will have to be deposited. With a whole life policy a reduction in interest earned effects the cash values but with a UL policy it can also reduce the length of coverage.
  2. Policy Loans or Cash WithdrawalsReducing the cash within the policy reduces the pool of funds that are used to pay the internal costs. Couple a need for cash with a period of reduced interest earnings, like we have seen in the past few years, and it can spell disaster for the policy. When the well runs dry it requires additional infusion of premiums.

Once these policies are in the hole, it gets pretty tough to dig them out.

So if you’re looking to buy a stool, look real hard and get some help. Many of the benefits also come with additional risk. And be sure to look into participating whole life policies. You’ll find all the traditional benefits, with added amounts of safety and peace of mind! After all how much flexibility should a stool have anyway?

Scott Storace

Life Insurance Industry Shows Strong Gains in 2009

January 2nd, 2010

images2 Life Insurance Industry Shows Strong Gains in 2009 Despite considerable losses due to the financial crisis in 2008, a recent press release ( http://www.conning.com/pressrelease-detail.aspx?id=3508 ) from Conning Research estimates 2009 industry net income at $16 billion.

Based on the report, the growth in life insurance products has remained stable while annuities have been the industry stepchild posting $4B in losses.

What makes life insurance an attractive product these days? Well, the safety and guarantees are definitely getting a lot of attention. Guaranteed tax-deferred growth of cash values, guaranteed premiums that won’t rise, a guaranteed death benefit and dividends that are guaranteed once declared are all very assuring. Sexy, high rates of return in the securities markets sounded great a few years ago but the volatility over the past few years has left many looking for higher ground. Would you prefer to hope that your child’s education is paid for or do you want to know that it’s covered? If you weren’t here tomorrow what would your family lose? Are your plans for them guaranteed to be fulfilled without you?

The many tax benefits are very enticing to those planning their retirements. They’ve seen their 401k’s and IRA’s cut in half. The ones that have deferred their tax liability are realizing that their accounts still have a large haircut awaiting them from the IRS. So, they are still looking for the tax-deferred growth but now want the tax-free distribution that a life insurance policy can provide. How would you feel if your nest egg was cut into 3 equal pieces and the IRS took one away from you? Are you happy to give away this money?

Liquidity, use and control are another big benefit that my clients are talking about. They want more control 0f their funds. They want to use these funds in any manner they dictate without having the IRS dictate how and when they can use these funds…and still get taxable benefits. How do you feel about having the IRS as your financial partner?

These benefits are being sought by individuals, families, professionals and business owners. But they are also being sought in large quantities by banks and corporations. The 2009 numbers for bank owned life insurance (BOLI) and corporate owned life insurance (COLI) are not out yet but I expect an increase similar to last year of about 5%. Banks alone purchased $126.1 billion in life insurance in 2008.

The past few years have been tough for many people. Many questions have been raised, perspectives have changed and financial courses have been altered. Through it all, as was the case during the Great Depression, the life insurance industry has once again remained strong. It’s the night-light on a dark stormy night! It may not be the only tool you’ve got in the box but there are many reasons why it should take up a good amount of room there.

Best wishes to you and yours in the New Year! May it be filled with hearty laughs, fond memories and tremendous personal achievements.

SCOTT STORACE

Retirement & Business Planning for Professionals

December 24th, 2009

images Retirement & Business Planning for ProfessionalsIf you are married and make a combined income of $176,000 or more you can’t contribute to a Roth IRA. So where do the doctors, attorneys, dentists and business owners get tax breaks on their hard earned income when planning for retirement?

One option that the IRS offers is the SEP-IRA. This is for self-employed business owners only, which eliminates those professionals who are employees of a larger firm. The SEP-IRA allows a business owner to defer the tax on up to 25% of their income with a max of $49,000/year in 2009. The income tax is deferred until the time of withdrawal. So, not only do you defer the tax but you also defer the tax payment.

             The Benefit: Tax deferred growth of your money.

            The Cost: Tax deferred liability on your growth!

Do you know what tax bracket you’ll be in when you retire? Do you know the government tax rates that will be imposed at that time? No? Well that might cost you! Imagine paying 35%-40% income tax in the future when you could have paid 25%-30% today. Sound like a benefit to you? Tax rates and brackets are variables that we don’t control and the possibility of this scenario is very real for high income professionals and business owners.

When planning for retirement many people are told that they should expect to be in a lower tax bracket because they will be earning less. Don’t count on this. It’s a poor mentality and terrible financial approach. It’s like striving to lose! In addition it gives people a false sense of security that their income will be sufficient. But retirement should be the time to live out some dreams and travel the world. In addition, it will also be the time when health care and long-term care costs begin to mount and tax deductions are minimal. The dependents are long gone and the home has been paid for.  

Instead of hoping we’ll be in a lower tax bracket we need to plan our finances so that there is no tax bracket. At a minimum we want to reduce the tax burden we face. The good news is that we can control where we place our money. Ideally, professionals and business owners want:

  1. Tax Deferred Growth
  2. Tax Free Distributions
  3. No Limits on Contributions
  4. No Adjusted Gross Income Limitations
  5. Full Access, Use and Control of Their Money
  6. Competitive Internal Rates of Return
  7. Safety/Guarantees
  8. Unlimited Investment Options

What vehicle provides all of these and more? Participating Whole Life Insurance. In addition to the benefits listed above, there are numerous estate and business planning uses for life insurance. Partnerships use life insurance to fund buy-sell agreements. Corporations use life insurance to pay benefits and attract top personnel to their companies. It’s not just for protecting your loved ones in the event of a sudden death.

When planning for retirement, planning for your business or planning your estate it’s important to remember the benefits of participating whole life insurance. It’s so much more than death protection.

Scott Storace

Life Insurance – The Love Product

December 17th, 2009

th 4518636737 Life Insurance   The Love ProductWhy do we insure our valuables? What makes a car, a wedding ring or your home worth protecting? Clearly, they have a financial value. You would suffer a financial loss if they were damaged or destroyed. Insurance will make you whole should a loss occur. I use the word should very specifically. The odds of losing your home are very small. Even car accidents are relatively rare.

So why don’t many people protect their largest valuable? Ask yourself this: If you had an ATM in your home that dispensed the money you needed to survive, would you insure it? Clearly your family would suffer a loss if it were destroyed. That cash machine is an analogy for our lives. The economic value of your life is enormous. Consider your earning potential for a moment. Consider how the loss of that earning potential would affect your family’s lifestyle. Would changes have to be made? Absolutely!

Death is guaranteed. Loss of life WILL occur whereas the loss of possessions might not occur. Yet we insure less valuable items that we are less likely to lose. Does that make sense?  It’s backwards to me.

Life insurance is a love product. It products the ones you love in times of loss. A death in the family brings new burdens. From the financial cost of the funeral to the loss of current and future earnings, a death can devastate a family. Is that the legacy you would like to leave behind?

When a death benefit check is issued to a family member it lets them know that there lost loved one cared enough to protect them. That person was thinking about the future and planning for their family. A whole life insurance policy is the only product that guarantees what you want to have happen will happen. What else can do that? So if you love your family and want to protect them, then insure your life.

 Scott Storace

Investing & Whole Life Insurance: The Speed Limit of Success!

December 10th, 2009

tortoise and hare 208x300 Investing & Whole Life Insurance: The Speed Limit of Success!Remember the parable of the tortoise and the hare? Slow and steady wins the race! Surely you’ve heard the expression that “It’s not  a sprint but a marathon!”. Both effectively portray the discipline required to get ahead in a long endeavor. Financial security and independence is a long endeavor. But who wants to wait? Whatever happened to slow and steady?

Over the past few decades we’ve been indoctrinated to believe that it’s now or never. Get it while you can. Live for the day! Get rich quick schemes bombard the television. Reality TV shows with like “Platinum Babies”, “MTV Cribs” and “The Real Housewives of (pick a city)” depict opulent lifestyles as if they were the norm. This is what most strive for as they endeavor to keep up with the Jones’.

Most recently I was reading about the country of Dubai who, on a massive scale of debt leveraging, has built entire islands designed as Palm Trees and one series of islands that (when viewed from space) looks like the planet Earth. They are also building the world’s largest skyscraper. Sounds great…if you can afford them! It is now estimated that there is a 35% chance that Dubai will default on these debts causing a massive economic wave that will impact economies worldwide. What a shame. It’s a crashing house of cards!

Whether as individuals, corporations or countries it’s important that we change our view from instant gratification and fast money to one of slow and steady incremental success. The stories we hear of instant and overwhelming success are few as compared to the relative population. And I would argue that this success is not instant, as portrayed. We did not see the hours of hard work and dedication that Michael Jordan and Tiger Woods spent honing their skills. What about the patience and sound financial practices of Warren Buffett. His financial philosophies and subsequent wealth were developed over decades…not days.

That’s one of the reasons I love participating whole life insurance as a long lasting, predictable financial tool.  It’s safe and guaranteed, yet offers many benefits that can’t be found anywhere else. The fallacy of whole life insurance is that it’s only to protect against financial losses in the event of death. This could not be further from the truth. By utilizing tax-free policy loans we can act as our own bankers and self-finance our personal lives. By borrowing from ourselves and paying ourselves back with interest (just like we would had we borrowed from a bank) then we keep the money that we would have sent to another financial institution. We grow our own bank slowly and steadily by cutting out the middleman. We can start small with home repairs, build it up to financing a car and maybe even a house one day. And when we are done we can have a tax-free stream of income at retirement and still leave a nice inheritance to our loved ones when we pass.

It might not be as sexy as building the world’s largest skyscraper or having the latest handbag that the reality stars are carrying. That’s for sure. But life is rarely as we see it on TV. Slow and steady is the way to go when it comes to your financial freedom and participating whole life insurance is a valuable tool that you should have on the journey. After all, Rome was not built in a day!

Scott Storace

Whole Life Insurance Provides Guarantees

December 2nd, 2009

The third and final reason to love whole life insurance is the guarantees. Let’s face it, in tough economic times everyone likes a little safety. Even in boom times, it’s nice to know that something is guaranteed. Whole life insurance offers guaranteed growth of cash values. Dividends, once declared, can not be withdrawn or reduced. And your death benefit is guaranteed to be paid to your beneficiaries upon your demise. Your premiums are locked in and guaranteed never to increase like term life insurance premiums. And once you are approved for a whole life insurance policy you never have to re-qualify. Therefore, your benefits can not be stripped away due to a change in health. The key behind all of this is the contract.


A life insurance policy is a contract between the policyholder and the life insurance company. As long as the policyholder performs on their end of the contract by paying the required premiums and keeping the policy in-force then the life insurance company must provide the stated benefits. It’s that simple. And life insurance companies are the safest financial institutions around. They are fiscally conservative and are regulated to maintain high reserve requirements, commonly 1:1. For every dollar loaned there is a dollar in reserve. This is atypical of banks and other institutions who were extremely leveraged. While other institutions fail, life insurance companies remain strong and healthy. Whole life insurance is truly the only product that can guarantee what you want o have happen…will happen! That’s why it’s commonly called permanent life insurance. Unlike some of the features of term life and universal life policies, whole life is guaranteed. In times like this, safety and guarantees are comforting to my clients. They know what they have and they know it won’t be taken away or reduced.


Scott Storace