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The Wit and Wisdom of Professor PPLI

How to Achieve Exceptional Asset Structuring with Private Placement Life Insurance

by Michael Malloy, CLU, TEP

 

Introduction

I would like to introduce you to Professor PPLI, a bird of many talents. He is well versed in tax law, life insurance, and the many topics that support a knowledgeable presentation of Private Placement Life Insurance (PPLI). With his great expertise, he will guide you through the myriad structuring possibilities of this unique asset structuring tool–PPLI.

The territory is vast, but with his keen bird’s view, he can assess structuring possibilities applicable to your own unique situation–those impossible to see with normal sight.

To better acquaint you with the territory, he will present you with our original sources of inspiration. He calls them concept maps, but they are most akin to preliminary sketches. You will find these concept maps at the end of each of the three chapters. Think of them as the first sketches that brought the topics to life. They were the springboards to a more in depth presentation that takes place in the fifteen articles.

Professor PPLI will help you navigate through the six Elements of EWP to see more clearly which structure would fit your personal needs the best. He has served wealthy families throughout the world in structuring their assets, benefiting these families with enhanced privacy, asset protection and tax savings in one single unified structure.

This territory of the six elements of Expanded Worldwide Planning (EWP) is not uncharted, Wikipedia has already recognized it by featuring the six elements prominently on their page “International Tax Planning.”  We have reproduced this Wikipedia page in its entirety to give you first hand a detailed look at these six important elements.

There is much good material on PPLI of a more academic and scholarly nature. This is not our aim. Like a keen sighted bird of prey, Professor PPLI sees opportunities where the six elements of EWP are combined specially to untie the knots of difficulty that may be embedded in your current asset structure.

Our choice of images furthers our aim to instruct in a deeper more holistic manner. We invite you to make connections between the images and the written text. This gives you the ability to bring your own experience and understanding to our topic of PPLI structuring–not a direct academic understanding, but one that is unique to your own life experience. Our hope is that you make this knowledge your own and benefit directly from it.

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

Michael Malloy-CLU-TEP

 

 

 

 

 

 

 

#michaelmalloy #PPLI #privateplacement #lifeinsurance #advancedfinancialsolutions

 

 

 

 

 

 

 

 

 

 

 

 

 

The True Value of Zero = Privacy

Professor PPLI Explains Zero

Part 1

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Our next few articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI Defines Nothing. We also offer you over the next five Parts, “She Was Good For Nothing,” by Hans Christian Andersen. This charming fairy tale supports our theme of nothing.

Zero is a powerful number. Any number multiplied by zero becomes zero. Yet, zero is also nothing. How does this nothing relate to the topic of our using of Private Placement Life Insurance (PPLI) to structure the assets of wealthy families? Unless you understand how PPLI works with the six principles of Expanded Worldwide Planning (EWP), you will understand  nothing about PPLI. PPLI makes these six principles come alive like nothing else in the realm of asset structures.

First, we will explore the concept of nothing from a mathematical  perspective, then move on to its relationship to EWP, and conclude with how this all relates to one of the six principles of EWP, privacy.

The Power of Zero

Doctor Ian at the Math Forum demonstrates how multiplying any number by zero equals zero.

“1 * 0 = 0

27 * 0 = 0

1,887,457,234,543,243,113,946 * 0 = 0

When you multiply one number by another, you can think of starting at some point (‘the spot marked X’, or wherever) and moving some distance away from it. To move, you need to know two things:

  1) how many steps you’re going to take

  2) how big each step will be

Now, if each step is of zero size, then you can keep taking them, and you’ll never move anywhere. (Move a step of length zero. You’re still where you started. Do it again. Still there. Keep doing it… how many of those steps will you have to take to actually move somewhere?) So any number times zero is still zero.

Also, if you’re not going to take any steps, it doesn’t matter how large a step you would take, since you’re not going to take it. So zero times any number is still zero.”

For our exploration of zero in the world of PPLI tax structuring, we can think of zero as the actual insurance policy that holds a family’s assets in separate accounts in the name of a custodian such as a trust company, which will be in the name of the beneficial owner of the assets–the insurance company. The assets do not change, but how they are structured changes.

Since you can place almost any asset that can be held by a trust company into a PPLI policy, the insurance policy acts like the empty box that we use to explain the concept of zero. The empty box is an abstraction, yet like the PPLI policy, it is the vehicle that can help achieve the six principles of EWP for wealthy families.

Brian Resnick’s article, “The mind-bendy weirdness of the number zero, explained,” on Vox gives us:

Zero is in the mind, but not in the sensory world,” Robert Kaplan, a Harvard math professor and an author of The Nothing That Is: A Natural History of Zero says. Even in the empty reaches of space, if you can see stars, it means you’re being bathed in their electromagnetic radiation. In the darkest emptiness, there’s always something. Perhaps a true zero — meaning absolute nothingness — may have existed in the time before the Big Bang. But we can never know.

Nevertheless, zero doesn’t have to exist to be useful. In fact, we can use the concept of zero to derive all the other numbers in the universe.

Kaplan walked me through a thought exercise first described by the mathematician John von Neumann. It’s deceptively simple.

Imagine a box with nothing in it. Mathematicians call this empty box “the empty set.” It’s a physical representation of zero. What’s inside the empty box? Nothing.

Now take another empty box, and place it in the first one.

How many things are in the first box now?

There’s one object in it. Then, put another empty box inside the first two. How many objects does it contain now? Two. And that’s how “we derive all the counting numbers from zero … from nothing,” Kaplan says. This is the basis of our number system. Zero is an abstraction and a reality at the same time. “It’s the nothing that is,” as Kaplan said.”

Since  we are exploring zero as an abstract concept, we will put it to another use below when we discuss privacy. In a sense everything can only be defined through its relationships with other elements and factors. Not wishing to be alone in stretching our meanings too far let us hear from Humpty Dumpty and Alice in Lewis Carroll’s Alice in Wonderland.

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.”

How Zero = Privacy?

Now let us equate privacy with Mr. von Neumann’s first box above. Remember this first box is described as an “abstraction and a reality at the same time.” This can equally be said of a term like privacy. Privacy can be defined in the abstract, but it is how it is interpreted in reality that counts.

In many jurisdictions, privacy is considered a fundamental principle. In the U.S the right to privacy is stated in the Fourth Amendment to the U.S. Constitution:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

A right to privacy is explicitly stated under Article 12 of the 1948 Universal Declaration of Human Rights issued by the United Nations General Assembly:

“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Caroline Garnham of Garnham Family Office Services in London writes with clarity and understanding about issues affecting wealthy clients. What follows is a telling description of a government’s thirst for tax dollars trampling on its citizens fundamental privacy rights. These are excerpts from her article, “It isn’t fair? Part 3.” How is “tax fairness” playing out in Great Britain today? This article relates recent incidents and key players in the drama.

“Edward Troup, now Sir Edward Troup was appointed Executive Chair and Permanent Secretary to HMRC in April 2016, for which he was knighted in the 2018 new year’s honours list. He was the former head of the firm’s tax department and the most brilliant brain I have ever encountered.

‘Tax law does not codify some Platonic set of tax raising principles. Taxation is legalised extortion and is valid only to the extent of the law’ – a point of with which I concur.

We have tightened our grip on those who deliberately cheat the system and continue to pursue those who refuse to pay what they owe.’

But the question now is, has HMRC gone too far?

The House of Lords Economic Affairs Committee, EAC, published its findings in December 2018, and thinks so!

A ‘careful balance must be struck between clamping down and treating taxpayers’ fairly. Our evidence has convinced us that this balance has tipped too far in favour of HMRC and against the fundamental protections every taxpayer expects.’

In 2000 some employers set up Employee Benefits Trusts for their employees.

This arrangement was considered effective in avoiding tax.

In 2010 HMRC warned that such arrangements were unacceptable, and that those who used such an arrangement had to repay the loan, pay the tax or face fines.

It is clear from what has already been published that the information to be received by HMRC this year from offshore financial institutions under the Common Reporting Standard once analysed will be used to attack settlors of offshore trusts. The first such attacks are expected in about six months.

HMRC has said that it will first go for well-known names with significant assets in trust. It has been advised to attack structures which have Persons of Significant Influence on the basis of sham. It will then look very closely for clauses in the Trust Deed once provided absolving the Trustee from any form of liability and duty to interfere. This it will take as further evidence that the Trust was nothing more than a nominee arrangement and tax the settlor as if no trust had been set up together with 200% penalties.”

Part 1 of “She Was Good For Nothing” by Hans Christian Andersen:

 “The mayor was standing at his open window; he was wearing a dress shirt with a dainty breastpin in its frill. He was very well shaven, self-done, though he had cut himself slightly and had stuck a small bit of newspaper over the cut.

“Listen, youngster!” he boomed.

The youngster was none other than the washerwoman’s son, who respectfully took off his cap as he passed. This cap was broken at the rim, so that he could put it into his pocket. In his poor but clean and very neatly mended clothes, and his heavy wooden shoes, the boy stood as respectfully as if he were before the king.

“You’re a good boy, a well-behaved lad!” said the Mayor. “I suppose your mother is washing down at the river, and no doubt you are going to bring her what you have in your pocket. That’s an awful thing with your mother! How much have you there?”

“A half pint,” said the boy in a low, trembling voice.

“And this morning she had the same?” continued the Mayor.

“No, it was yesterday!” answered the boy.

“Two halves make a whole! She is no good! It is sad there are such people. Tell your mother she ought to be ashamed of herself. Don’t you become a drunkard-but I suppose you will! Poor child! Run along now.”

And the boy went, still holding his cap in his hand, while the wind rippled the waves of his yellow hair. He went down the street and through an alley to the river, where his mother stood at her washing stool in the water, beating the heavy linen with a wooden beater. The current was strong, for the mill’s sluices were open; the bed sheet was dragged along by the stream and nearly swept away her washing stool, and the woman had all she could do to stand up against it.

“I was almost carried away,” she said. “It’s a good thing you’ve come, for I need something to strengthen me. It’s so cold in the water; I’ve been standing here for six hours. Have you brought me anything?”

The boy drew forth a flask, and his mother put it to her lips and drank a little.

“Oh, that does me good! How it warms me! It’s just as good as hot food, and it isn’t as expensive! Drink, my boy! You look so pale, and you’re freezing in your thin clothes. Remember it is autumn. Ooh, the water is cold! If only I don’t get ill! But I won’t. Give me a little more, and drink some yourself, but only a little drop, for you mustn’t get used to it, my poor dear child!”

And she walked out of the water and up onto the bridge where the boy stood. The water dripped from the straw mat that she had tied around her waist and from her petticoat.

“I work and slave till the blood runs out at my fingernails, but I do it gladly if I can bring you up honestly, my sweet child!””

We hoped you enjoyed this article and the beginning of Hans Christian Andersen’s fairytale. Nothing turns out to be an exciting topic for us, and we will continue our lively topic in the next four articles. Please bring us your PPLI questions and inquiries. We enjoy all opportunities to discuss our favorite topic, and bring you an asset structuring tool that offers so many exceptional benefits. Contact Us!

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

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Frozen Cash Value Unfrozen

A PPLI Policy For Today’s World

 Part 5

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 Our next few articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI meets Leonardo da Vinci.

 Like few profound thinkers Leonardo da Vinci was able to cross-fertilize many disciplines. To name a few art, science, aviation, engineering, music, and elaborate pageants at Italian courts. Many advisors lack knowledge of the outstanding properties of Private Placement Life Insurance (PPLI), because it is a combination of several disciplines: investing, life insurance, asset protection, and estate planning.  This inability to grasp the many planning possibilities of PPLI brings to mind this thought of Leonardo:

“Iron rusts from disuse, stagnant water loses its purity, and in cold weather becomes frozen; even so does inaction sap the vigors of the mind.”

“Cold weather becomes frozen” prefigures one of our main topics, Frozen Cash Value life insurance. Much more on this topic later.

We are also led to the overarching planning concept that informs our PPLI planning, Expanded Worldwide Planning (EWP) which embodies these six characteristics: privacy, asset protection, succession planning, tax shield, compliance simplifier, and trust substitute.

In this series, our earlier articles spoke about the advantages of using PPLI companies domiciled in locations such as Barbados, Bermuda, and other jurisdictions with insurance codes that enhance the possibilities of structuring assets with PPLI. For those with a connection to the U.S., we stressed the importance of using PPLI companies that have made a 953(d) election. We now will add a powerful third element, a PPLI policy that is termed Frozen Cash Value. This is a policy that fails to meet the IRS’s various cash value tests for code section 7702, and qualifies as life insurance under 7702(g).

Here we have a flowchart courtesy of  John Adney, Esq. Davis & Harman LLP  Brian G. King, FSA, MAAA Ernst & Young LLP  Craig R. Springfield Davis & Harman LLP, Esq. This flowchart was part of their “Life Insurance Boot Camp” presentation

History of the Frozen Cash Value Policy

 Let us start at the beginning. To my knowledge the first person to recognize the outstanding potential of using a Frozen Cash Value policy for wealthy clients was Prof. Craig D. Hampton. He called his concept The Hampton Freeze, and wrote an article by the same name in Offshore Investment, in October 1994. Here is Prof. Hampton’s account of his first client presentation using the Frozen Cash Value concept.

“I was visiting a gentleman at his home in the Piccadilly district of London. It was explained to me that his net worth exceeded US$100 million by a substantial margin. I noticed the presence of a computer terminal on a large desk in his den. It was surrounded by reams of paper dealing with offshore investing.

It soon became apparent that his affluence was due to his own efforts when he said to me: “You’re a bright young man who obviously knows his craft. But what can you tell me that I don’t already know about finances?”

I leaned forward and made this simple statement: “Through the creative use of international life insurance, your financial affairs can be arranged so that you will never have to pay income taxes for the rest of your life!” The gentleman took serious notice, and thus was born The Hampton Freeze.”

“The Freeze” Works If You’re Too Rich, Too Old, or Not in Good Health.

Frank Suess’s article, “Never again pay income taxes for the rest of your life,” in The Daily Coin, speaks further about the FCV policy.

“PPLI to this day, is an important tool in our offering. Over the years, many of our clients have employed this tool, which beyond the tax benefits, effectively integrates the benefits of legal asset protection, global investment flexibility, privacy and generational planning features.

While I am not aware of any insurance carrier, today, offering a PPLI policy called the Hampton Freeze, Prof. Hampton’s concept has certainly lived on. Since his article in 1994, a series of products has been created by the industry. These policies are generally referred to as limited cash value policies. The most commonly used product is called a Frozen Cash Value policy. So, the “Freeze” has lived on at least partially.

And, what’s most intriguing about it: It’s valid to this day! While most other effective offshore income tax planning tools have gone to the wayside over the past years, the Freeze, and the concept presented in Prof. Hampton’s article, still works.

You may now wonder how the Freeze works. I recommend you read the article. In brief, it is based on the US tax code (‘the Code’) and its articles relating to life insurance, primarily in section 7702. While ordinary PPLI policies will have their limitations when it comes to insured persons that are too old or in bad health, and no common products will be available for very large premiums, the Hampton Freeze does not know such limitations.

Let me explain in brief, without boring you with technicalities. The Code defines a number of actuarial rules regarding the cash value and the face amount of life insurance policies. They must meet certain minimum risk coverage (death benefit) levels in order to be tax-compliant.

Therefore, based on actuarial best practices and the limitations of reinsurance levels available internationally, you will not have access to the tax freedom offered if you’re too rich. In other words, the limitations of reinsurance are, internationally, at a level of roughly US$40 to US$50 million of life risk. If you’re premium is too high, you will not be able get a policy. In order to keep within the actuarial tests defined by the Code, there will not be enough re-insurance available. Thus, no policy. Equally, you will not have access to the tax freedom of PPLI if you’re in bad health. You will fail at the medical. And, you are locked out of the world of PPLI if you are too old.

The Hampton Freeze removed those limitations. Thus, the largest policies written today frequently make use of the limited cash value concept born in 1994. We too regularly make use of this planning tool. My utmost respect and gratitude to you Prof. Hampton! Good work indeed!”

To complete our history of the FCV policy, Gerald Nowotny, an excellent commentator on many aspects of PPLI, gives us this note from his article, “Frozen Cash Value Life Insurance – A sophisticated tax planning solution for ultra-high-net-worth taxpayers.”

“My experience with FCV policies goes back to 1999, when Scottish Life and Annuity offered a FCV policy. The life insurer secured a favorable opinion from a large law firm. In fact, I’ve reviewed at least four favorable opinions on FCV from large law firms over the course of the last 10 years.”

Leonardo and FCV Both Solve Important Issues

Just as a FCV policy will solve many issues facing wealthy clients today, Leonardo solved many issues during his lifetime, even before his contemporaries thought of them as issues! Here is an excerpt from Fritjof Capra’s book, Learning from Leonardo: Decoding the Notebooks of a Genius.

“Leonardo da Vinci, the great genius of the Renaissance, developed and practiced a unique synthesis of art, science, and technology, which is not only extremely interesting in its conception but also very relevant to our time.

As we recognize that our sciences and technologies have become increasingly narrow in their focus, unable to understand our multi-faceted problems from an interdisciplinary perspective, we urgently need a science and technology that honor and respect the unity of all life, recognize the fundamental interdependence of all natural phenomena, and reconnect us with the living Earth. What we need today is exactly the kind of synthesis Leonardo outlined 500 years ago.”

Commentators of tax issues frequently site 7702(g) as a catchall section of the tax code whereby policies that do not qualify under other sections of 7702 can still have the tax benefits of life insurance.

Michael Kitces’s article, “The Tax-Preferenced Treatment of Life Insurance Policies,” gives us this about 7702(g). His comments echo these commentators, but it is framed in a positive light.

“To further encourage the use of life insurance, Congress has also provided under IRC Section 7702(g) that any growth/gains on the cash value within a life insurance policy are not taxable each year (as long as the policy is a proper life insurance policy in the first place). As a result, if a permanent insurance policy is held until death, the taxation of any gains are ultimately avoided altogether; they’re not taxable under IRC Section 7702(g) during life, and neither the cash value growth nor the additional increase in the value of the policy due to death itself are taxable at death under IRC Section 101(a).”

PPLI gives wealthy families many benefits that cannot be achieved by any other type of planning. Please give us the opportunity to structure your assets to achieve these exceptional benefits. Each family situation is unique. Let us help you explore the PPLI potential of your unique situation, so you can achieve these exceptional benefits. Contact Us!

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

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#michaelmalloy #PPLI #privateplacement #lifeinsurance #advancedfinancialsolutions

 

 

 

 

 

 

 

 

 

PPLI Combines Beauty and Utility

Let Us Learn from a Master Thinker

Part 4

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 Our next few articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI meets Leonardo da Vinci.

Professor PPLI has landed, and repeats Leonardo da Vinci’s phrase, “Can’t beauty and utility be combined.” In a sense, Leonardo’s whole life was dedicated to these words. At Advanced Financial Solutions, Inc. we strive to follow in Leonardo’s footsteps in creating PPLI structures for wealthy families that give the best possible combination of privacy, tax savings, and compliance with tax authorities worldwide.

Let us first explore beauty. Beauty has many levels. At the highest level beauty embodies our finest aspirations. On a more mundane level, it comes closer to what makes us experience joy in our everyday lives.

Those of us who create Private Placement Life Insurance (PPLI) asset structures for wealthy clients can find beauty in a well-designed structure that is implemented successfully to achieve the aims of privacy, asset protection, and tax reduction. It is a type of architecture or engineering that uses laws, concepts, and ideas and blends them with the family dynamic and country specific challenges of each highly individual case.

George Santayana, the influential 20th century thinker, gives us his famous definition of beauty from The Sense of Beauty.

“We have now reached our definition of beauty, which, in the terms of our successive analysis and narrowing of the conception, is value positive, intrinsic, and objectified. Or, in less technical language, Beauty is pleasure regarded as the quality of a thing. … Beauty is a value, that is, it is not a perception of a matter of fact or of a relation: it is an emotion, an affection of our volitional and appreciative nature. An object cannot be beautiful if it can give pleasure to nobody: a beauty to which all men were forever indifferent is a contradiction in terms. … Beauty is therefore a positive value that is intrinsic; it is a pleasure.”

The PPLI Reality Check

We all know what one person or cultural might call lovely and beautiful does not always translate to another culture. We see this when we travel to countries that have cultures, traditions, and objects quite different than our own.

This idea mirrors the many different ways that PPLI is implemented throughout the world. What works in one country, or set of circumstances, does not work in another. Through research into the tax codes and insurance regulations of all the countries and entities involved must be commenced at the very beginning of each PPLI case that comes to us.

In Part 3 of our Concept Map we made no mention of the fairy who introduced the topic of beauty. Hans Christian Andersen, the great Danish writer of fairy tales tells us, “The most wonderful fairy tales grow out of that which is reality.”

This embodies the reverse of what happens at Advanced Financial Solutions, Inc. When you first come and tell us what you wish to gain by using our services, all the facts are somewhat a fairy tale, in that we don’t know if our type of structuring will work for you. Only after a detailed review of your situation, can we say with confidence, if it achieves the “reality” of a proper PPLI structure.

This detailed review, or reality check, is done at no cost to you. We wish to partner with you on a truly bespoke PPLI structure that achieves as many of the elements of Expanded Worldwide Planning, EWP as possible. These elements are privacy, asset protection, tax shield, succession planning, compliance simplifier, and trust substitute.

Details of the 953(d) Election

Now, as we promised you in Part 3, here is more detail on the 953(d) election. What is the difference between foreign and domestic insurance? In this context, we are speaking about U.S. based insurance companies as the domestic ones.

Domestic life insurance is state regulated in the U.S.. Policyholders and carriers can transact and negotiate only in the state where the carrier is licensed. The choice of investments is relatively limited, often in-house company funds only, with associated higher costs, sometimes much higher. Commissions can represent a fairly large proportion of the paid-in premium.

Foreign life insurance is regulated by the jurisdiction of the country of domicile. i.e., that countries’ financial regulator. Investment risk for variable policies is borne solely by the policyholder. The policyholder has much more flexible options, the cost of insurance is significantly much lower as the policyholder pays just the pure re-insurance cost, and brokers are paid a small percentage fee, similar to an asset management fee. In short, tax deferral remains assured, asset protection is tighter, privacy is greater, costs are lower, investment flexibility is greater and its fully compliant. At the private banking level, offshore insurance is a no-brainer.

The “953(d)” Insurance Company

The 953(d) refers to Section 953(d) of the U.S. Internal Revenue Code (IRC). This is the section that allows a non-U.S. Insurance Company to make the election to be treated as a U.S. taxpayer. This election provides some very material benefits to both insurance company and policyholders.

As a U.S. taxpayer, the insurance company can invest in assets located anywhere in the world, including the U.S. and Europe. Through the policy structure, the policyholder and/or the beneficiaries can legally defer income tax and capital gains tax. Assets within the policy are paid to the beneficiaries as a tax free death benefit when the insured passes. Regardless of the location of those assets; U.S., Europe, Asia, the insurance company does not engage in trade and business in the U.S. and is not subject to state insurance laws.

Tax

The “953(d)” insurance company pays U.S. federal income tax on its worldwide income, it has therefore a US tax ID number, a “TIN”.  Moreover the policyholder is exempt from the 1% federal excise tax on premium payments as the company is treated as domestic, plus there is no state insurance premium tax.  There is no withholding tax on U.S. source dividend income. There is a U.S. DAC tax that must be paid, but it is lower than the 1% FET, currently it is 70 basis points.

For the policyholder and beneficiaries, the insurance structure itself can be used to optimize income, capital gains and estate tax planning. Additionally, there is no withholding tax on U.S. investments as the company is U.S. person with a completed W-9 form.

Legal & Compliance

The “953(d)” insurance company is treated as a domestic corporation by the U.S. government for tax purposes. The insurance company (not the policyholder) completes and submits the W-9 form to the bank facilitating compliance with U.S. domestic custodians and paying agents. This makes the 35% withholding tax under FATCA a non-issue. The company is not subject to state or federal insurance law being an offshore provider. Finally, there is no requirement to file and maintain form 720.

Combining Beauty and Utility

How did Leonardo combine beauty and utility? One need go no further than his notebooks. In her New Yorker review of Walter Isaacson’s biography of Leonardo da Vinci, “The Secret Lives of Leonardo da Vinci,” Claudia Roth Pierpont conveys beautifully the magic of Leonardo’s notebooks.

“These drawings are part of a vast treasury of texts and images, amounting to more than seven thousand surviving pages, now dispersed across several countries and known collectively as “Leonardo’s notebooks”—which is precisely what they were.

Private notebooks of all sizes, some carried about for quick sketches and on-the-spot observations, others used for long-term, exacting studies in geology, botany, and human anatomy, to specify just a few of the areas in which he posed fundamental questions, and reached answers that were often hundreds of years ahead of his time. Why is the sky blue? How does the heart function? What are the differences in air pressure above and beneath a bird’s wing, and how might this knowledge enable man to make a flying machine? Music, military engineering, astronomy. Fossils and the doubt they cast on the Biblical story of creation.

“Describe,” he instructs himself, “what sneezing is, what yawning is, the falling sickness, spasm, paralysis, shivering with cold, sweating, fatigue, hunger, sleep, thirst, lust.” He intended publication, but never got around to it; there was always something more to learn. In the following centuries, at least half the pages were lost. What survives is an unparalleled record of a human mind at work, as fearless and dogged as it was brilliant.”

We attempt to be fearless and dogged in pursuit of the perfect PPLI structure for you. Please let us know how we can serve you to this end. Thank you for your continued trust and support.

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

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#michaelmalloy #PPLI #privateplacement #lifeinsurance #advancedfinancialsolutions

 

 

 

 

 

 

 

PPLI for Wealthy International Families

– Including Wealthy U.S. Families

PPLI’s Beautiful Architecture

 Part 3

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 Our next few articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI meets Leonardo da Vinci.

 What does beauty have to do with Private Placement Life Insurance (PPLI)? This is what we will explore in our article today. The tax compliant, conservative PPLI structuring techniques employed by Advanced Financial Solutions, Inc. have their own language of beauty which Leonardo da Vinci exemplified visually in his painting techniques.

We will also answer the question: why it is important for U.S. families, as well as wealthy international families that have a connection to the U.S., to use a life insurance company based in Bermuda, Barbados, or other offshore location that uses a 953(d) election? This PPLI structure offers these families the most advanced, yet fully compliant, asset structuring possibilities that are available. It is not a question of onshore vs. offshore, but what lies between as we will reveal in our article.

How is this connected to Leonardo da Vinci? It is connected to his painting technique called chairocurso or sfuamto. It came from his attention to the area between light and dark.

In the first panel of our Concept Map we explored the dark smoke that comes out of the backyard barbeque. In this article we will concentrate on the area that is between light and dark.

The Encylopedia of Fine Art gives us this definition of sfumato as:

In fine art, the term “sfumato” (derived from the Italian word fumo, meaning “smoke”) refers to the technique of oil painting which colours or tones are blended in such a subtle manner that they melt into one another without perceptible transitions, lines or edges. Leonardo da Vinci (1452-1519) himself described sfumato as a blending of colours “without lines or borders, in the manner of smoke.” It is as if a veil of smoke has been placed between the painting and the viewer, toning down the bright areas and lightening the dark ones, so as to produce a soft, imperceptible transition between the differing tones. Typically involving the use of a number of translucent glazes to create a gradual tonal spectrum from dark to light, Sfumato is classified as one of four painting modes of Renaissance art, the others being Unione, Cangiante, and Chiaroscuro.”

PPLI: The Unifying Structure

So what is between light and dark? In English, the word between comes from the Old English word betweonum, meaning “in the space which separates or midway.” What we call the region between light and dark is in reality a unifying factor. This will be seen more clearly shortly when we delineate the winning combination of entities called: The Unifying Structure.

Wouldn’t your planning possibilities increase many fold if you were considered a U.S. person just for federal income tax purposes, but not regulated by the U.S. Securities and Exchange (SEC)? Remember a PPLI death benefit is exempt from federal income tax purposes. The assets inside a properly structured PPLI policy are shielded from all taxation. If the policy is not under the regulation of the SEC, you can invest in almost any asset that can be held by a trust company:

  • Real estate
  • PFICs, PFHCs, CFCs
  • Closely held companies
  • Operating businesses, if structured properly
  • Image rights
  • Patents and trademarks
  • Stock portfolios
  • Cash
  • Art and collectibles

Yes, you do have the best of two worlds! If you are subject to the U.S. tax system, this combination of an insurance company based in Barbados, Bermuda, or similar jurisdiction that has a 953(d) election, is very much worth your consideration.

In our next article, Part 4, we will give you more detail on the 953(d) election. The Unifying Factor exists when the structure takes advantage of using the insurance regulations of a country like Barbados, Bermuda, or other country that has constructed its insurance code to accommodate the most advanced possibilities of PPLI. When this is combined with a 953(d) election one achieves The Unifying Factor.

Let us see how light and dark is seen from the standpoint of physics courtesy of Astroquizzical from Jillian Scudder, “Can light exist without darkness.” 

“To the great dismay of the great existentialist thinkers, scientifically speaking, this is not that difficult a question to tackle.

From a physics perspective, “light” is just a series of particles zooming through space, a little beam of radiation heading outwards in the cosmos. An individual particle of light usually doesn’t care whether it’s surrounded by lots of other photons, or whether it is off on its own in the universe, traveling a unique path.

Darkness is usually described simply as the absence of light; this description also works pretty well as a physical description. By this standard, “light” and “darkness” are just a binary toggle between “radiation” or “not radiation”.

The question here is asking if you can have only radiation – only light – and skip the “no radiation” part entirely. If you remove darkness, could you still have light? If you’re thinking about darkness and light in terms of a yes/no toggle, then this is perfectly possible. You just hold the toggle at “yes” at all times. The individual light particles won’t care that they’re not letting “not radiation” not have its times – they’re simply travelling forwards.

The ways that our universe produces light are also independent on a lack of light nearby. Stars form light as a byproduct of the incredible pressures at their centers, and are most often formed in clusters – with tens to hundreds of other stars forming nearby. New stars only unveil themselves to our eyes by using the light they give off to burn away the dust and gas that hid them in darkness.

There are two major reasons for darkness in the universe. The first is to be in shadow. The physical blocking of light by an object is an easy way to be in darkness. That’s all night is on Earth, after all – you’re in the shadow of the planet. The second is that the universe hasn’t existed for an infinite amount of time. If the universe had already existed for an infinite amount of time, our skies would be brilliant with light both day and night, as the light from every star in the universe streamed towards us, brightening our skies. In that case, the only sources of darkness would be the shadows. In that universe, perhaps we would be asking the question the other way around – is there any darkness without the light?”

Our last analogous article shows us light and dark in the realm of symbolism courtesy of the Pen & the Pad, “Dark & Light Symbolism in Literature,” by Diane Kampf.

“Symbolism is the use of imagery to emphasize deeper meanings and emotions. Two common symbols used in literature are darkness and light. Darkness is often used to convey negativity: evil, death or the unknown. Light is used to convey something positive: goodness, life or hope. Some of the most-studied literature contains symbolic uses of darkness and light.”

The Bible

It could be argued that the Bible serves as the basis for almost all themes found in Western literature. At the heart of biblical themes is the concept of good vs. evil. Goodness is often portrayed as some element of light. In Genesis, God creates light and calls it good. In the New Testament, Jesus himself is described as the light of the world. The visions of heaven described in the Revelation of John contain imagery of light.

Shakespeare

 Most academic studies in literature include at least one play by Shakespeare and dark and light symbolism abound in many of his works. In “Macbeth,” darkness is used a number of times to symbolize death. The famous line, “Out, out brief candle,” refers to Lady Macbeth’s suicide. Banquo’s torch is extinguished at the moment of his death. In “Romeo and Juliet,” light is used to show Juliet’s beauty and her dazzling influence on Romeo. When Romeo first sees Juliet, he says, “O, she doth teach the torches to burn bright!” (Act I, scene 5, line 45) Even when she dies, her brightness endures. When Romeo finds her in the tomb, he says,

“A grave? O, no, a lantern, slaughtered youth, For here lies Juliet, and her beauty makes This vault a feasting presence full of light ” (Act V, scene 3. lines 84-86)”

We opened our article discussing beauty–and we have not forgotten it. More on beauty in Part 4. We look forward to your comments, and assisting you with your clients that can benefit from PPLI structuring. Please let us know how we can help you!

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

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Elegant Simplicity Revealed

The PPLI Insurance Code

 Part 2

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Our next few articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI meets Leonardo da Vinci.

Although the basic framework of Private Placement Life Insurance (PPLI) policies is similar, each client situation is unique, and, therefore, calls for a new area of study. We use our past experience to bring the best possible outcome to a new set of circumstances.

Our past cases serve as a guide for new cases, but not as a rigid set of rules to follow. Previous cases at Advanced Financial Solutions, Inc. become a broad outline that guides us in the “undiscovered country” of the brand new PPLI challenge that presents itself.

Discovery is an endless process. As the Hungarian biochemist Albert Szent-Gyorgyi puts it,

“A discovery is said to be an accident meeting a prepared mind.”

One of our goals in these articles is to prepare the mind to accept such a simple tool to solve complex client issues.

Advisors tend to use the tools that they are familiar with. PPLI is not taught in law schools, so attorneys and other tax advisors must find it in the midst of their law practice. PPLI is also not well known by most insurance agents and brokers throughout the world.

Where did PPLI come from?

Here is a very brief account of its beginnings by Monroe Diefendord, Jr., and Gerald Nowotny, Private Placement Life Insurance, A Sophisticated Investment Solution for High Net Worth Investors.

“The advent of PPLI began around 1992-1993 following the use of similar products (without hedge funds) by large corporations. Al Block, a substantial corporate owned life insurance (COLI) producer, placed the first high net worth policies with CIGNA. The offshore PPLI marketplace developed in 1995-1996 around two separate and distinct themes. Wealthy families emigrating to the U.S. used PPLI and private variable deferred annuity (PPVA) contracts as part of their “in bound” tax planning. Tremont developed a small Bermuda-based life insurance company around the same time.

PPLI policies were created with this issue in mind, namely; “How does the high net worth investor combine the strong tax advantages of life insurance with a life insurance product that offers customized investment options for the sophisticated investor in a product that is institutionally priced?” 

Tax Code vs. Insurance Code

 What is simpler?  “Simplicity is the ultimate sophistication,” said Leonardo da Vinci. What we are calling the Insurance Code are the sections of the tax code that pertain to PPLI. They are for the most part sections 7702, 101, 817(h), and the various revenue rulings that address investor control: Rev. Rul. 77-85, 1977-1 C.B. 12; Rev. Rul. 82-54, 1982-1 C.B. 11; Rev. Rul. 2003-91; Rev. Rul. 2003-2 C.B. 347 (Jul. 24, 2003).

When you compare these sections and revenue rulings to the rest of the entire tax code that address the multiplicity of issues that face wealthy families, the conclusion is clear: what we are calling the Insurance Code is a vastly simpler body of knowledge. But simple is not simplistic, as a PPLI structure solves many planning issues in an elegant, conservative, and straightforward manner.

Sometimes we understand something by comparing it to its opposite. If a PPLI structure is a tool that gives assets the six principles of Expanded Worldwide Planning EWP–privacy, asset protection, tax shield, succession planning, compliance simplifier, trust substitute–what is its opposite? Let us consider a black hole, as just recently, scientists have been able to photograph it.

We further the analogy by positing–PPLI brings light to what can frequently be the complexity, read darkness, of clients’ worldwide assets. Darkness because these assets are usually not structured into a complete easy to understand structure.

Hannah Devlin of the Guardian gives us, “Black hole picture captured for first time in space breakthrough, Network of eight radio telescopes around the world records revolutionary image.

“Astronomers have captured the first image of a black hole, heralding a revolution in our understanding of the universe’s most enigmatic objects.

The picture shows a halo of dust and gas, tracing the outline of a colossal black hole, at the heart of the Messier 87 galaxy, 55m light years from Earth.

The black hole itself – a cosmic trapdoor from which neither light nor matter can escape – is unseeable. But the latest observations take astronomers right to its threshold for the first time, illuminating the event horizon beyond which all known physical laws collapse.

The breakthrough image was captured by the Event Horizon telescope (EHT), a network of eight radio telescopes spanning locations from Antarctica to Spain and Chile, in an effort involving more than 200 scientists.

Sheperd Doeleman, EHT director and Harvard University senior research fellow said: “Black holes are the most mysterious objects in the universe. We have seen what we thought was unseeable. We have taken a picture of a black hole.”

However, the observations do not yet reveal anything about the black hole’s inscrutable interior.

“The black hole is not the event horizon, it’s something inside. It could be something just inside the event horizon, an exotic object hovering just beneath the surface, or it could be a singularity at the centre … or a ring,” said Ziri Younsi. “It doesn’t yet give us an explanation of what’s going on inside.” Ziri Younsi, a member of the EHT collaboration who is based at University College London.”

The last paragraph is of particular interest in that Mr. Younsi is attempting to describe something that in our everyday world on earth could not exist–a black hole. Luckily we do have the vocabulary to describe what we are calling its opposite: a properly structured PPLI policy which delivers the six principles of EWP to wealthy clients worldwide.

We return to the world of tax with an introduction to the draft of an article by Emily Cauble, Professor of Law at DePaul University, on the subject of simplifying the U.S. tax code, “ Superficial Proxies for  Simplicity in Tax Law,” 53 U. Rich. L. Rev. 329 (2019). To continue with our theme of simplicity, as you will read, this is not so simple!

“Simplification of tax law is complicated. Yet, political rhetoric surrounding tax simplification often focuses on simplistic, superficial indicators of complexity in tax law such as word counts, page counts, number of regulations, and similar quantitative metrics.

This preoccupation with the volume of enacted law often results in law that is more complex in a real sense. Achieving genuine simplification — a reduction in costs faced by taxpayers at various stages in the tax planning, tax compliance, and tax enforcement process — often requires enacting more law not less. In addition, conceptualizing simplicity in simplistic terms can leave the public vulnerable to policies advanced under the guise of simplification that have real aims that are less innocuous.

A perennial example involves lawmakers proposing a reduction in the number of tax brackets under the heading of simplifying tax law. In reality, this change does very little, if anything, to simplify law in a meaningful sense, and its truer aim is to reduce progressivity in the tax code.

Although the tax legislation ultimately enacted in December 2017 did not change the number of brackets applicable to individual taxpayers, political discourse preceding its enactment once again touted a reduction in the number of tax brackets as a simplifying measure.”

If you wish to keep things simple and at the same time achieve results not possible with other structuring methods, please contact us today for a free initial consultation.

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

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Fence = Privacy–Well Sort of

Let PPLI Be Your First Defense

Part 1

Our next five articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI meets Leonardo da Vinci.

These two neighbors are discussing a new tax law in their fenced backyard. Private Placement Life Insurance (PPLI) is a well-established, yet conservation ring fence for your assets. Once assets are structured properly in a PPLI policy, the insurance company becomes the beneficial owner of the assets.

According to Investopedia, “a ring fence is a protection-based transfer of assets from one destination to another, usually through the use of offshore accounting. A ring fence is meant to protect the assets from inclusion in an investor’s calculable net worth or to lower tax consequences.”

This definition reveals the etymology of the word fence. The Online Etymology Dictionary tells us that in the 14th century the word fence was used as an “action of defending, resistance; means of protection, fortification.”

The advantage of an insurance ring fence is that life insurance is a common structuring tool and is used by millions around the world to provide financial security.

Now back to our two neighbors. In our scene the barbecue is pouring out smoke, and smoke can mean trouble. Indeed, it is black smoke which reminds us of a passage at the beginning of Charles Dickens’s Bleak House. We will visit Charles Dickens’s London later on, where Dickens uses fog as a metaphor for the decrepitude of polluted London in the mid-19th century. Indeed, Dickens’s London was a mixture of both fog and smoke during much of the year.

In the context of our story, smoke, whether foul or benign, can easily escape a fenced backyard. Smoke is subject to wind currents, and other atmospheric elements. PPLI structures use a “smoke free” strategy. One that is not subject to the vagaries of the weather.

A properly structured PPLI policy is a ring fence that gives wealthy clients’ assets an airtight chamber. Inside this chamber the six principles Expanded Worldwide Planning (EWP) breathe clean air with no pollutants. The six principles of EWP are: Privacy, Asset Protection, Succession Planning, Tax Shield, Compliance Simplifier, Trust Substitute.

Imagine the scene in our panel taking place anywhere in the world. A government passes a new tax law and its citizens must compile with it, or face certain penalties. Tax laws change frequently and how you must compile–how much tax you must pay under the new law–does not always translate into a simple answer or number on your tax return. This is why we thoroughly research our PPLI structures, and make sure they compile with all the tax authorities involved in the locations of a client’s assets.

Let us back up briefly and visit an excellent basic description of PPLI.

Al W. King III, left, and Pierce McDowell III, are co-founders of the South Dakota Trust Company, LLC in Sioux Falls, S.D. We give you the opening paragraphs from their Trusts & Estates article, “Powerful Private Placement Life Insurance Strategies With Trusts.”

“What is PPLI?

PPLI is essentially a flexible premium variable universal life (VUL) insurance transaction that occurs within a private placement offering. The private placement component adds extensive flexibility to the VUL product pricing and asset management offerings. Because PPLI is sold through a private placement memorandum, every situation can be individually negotiated and custom designed for the client. PPLI can be for single life or survivorship and is offered only to an accredited investor.

PPLI has both a death benefit and a cash value (that is, investment account) and is generally designed to maximize cash value and minimize death benefits. Consequently, PPLI is usually designed as a non-modified endowment contract (non-MEC) policy, with four to five premiums versus a single premium policy (that is, a MEC). In this way, cash values can be accessed tax-free during an insured’s lifetime.

The PPLI cash value is generally invested among a variety of available registered and non-registered fund options (that is, hedge funds, private equity (PE) and other alternative investments).”

From Cole Porter we give you a different aspect of a fence: one that constricts and prevents the innovative structuring techniques that are possible with PPLI. The mystique of the American cowboy roaming the vast open spaces of the western U.S. comes alive in this popular song from the 1930s, Don’t Fence Me In,” courtesy of Warner/Chappell Music, Inc..

“Oh, give me land, lots of land under starry skies above

Don’t fence me in

Let me ride through the wide open country that I love

Don’t fence me in

Let me be by myself in the evenin’ breeze

And listen to the murmur of the cottonwood trees

Send me off forever but I ask you please

Don’t fence me in

Just turn me loose, let me straddle my old saddle

Underneath the western skies

On my Cayuse, let me wander over yonder

Till I see the mountains rise

I want to ride to the ridge where the west commences

And gaze at the moon till I lose my senses

And I can’t look at hovels and I can’t stand fences

Don’t fence me in

Oh, give me land, lots of land under starry skies

Don’t fence me in

Let me ride through the wide open country that I love

Don’t fence me in

Let me be by myself in the evenin’ breeze

And listen to the murmur of the cottonwood trees

Send me off forever but I ask you please

Don’t fence me in

Just turn me loose, let me straddle my old saddle

Underneath the western skies

On my Cayuse, let me wander over yonder

Till I see the mountains rise

Ba boo ba ba boo

I want to ride to the ridge where the west commences

And gaze at the moon till I lose my senses

And I can’t look at hobbles and I can’t stand fences

Don’t fence me in

No

Poppa, don’t you fence me in”

We now travel back to London for a discussion of privacy and data protection. This subject is key to the debate about tax that is taking place on the world’s stage. What our two neighbors are discussing in their backyard is an important topic for governments and those that advise wealthy clients. Caroline Garnham is a London attorney, who heads the firm of Garnham Family Office Services, and is one of our favorite writers on this subject.

First, we give you Dickens’s memorable depiction of foggy London.

“Fog everywhere. Fog up the river, where it flows among green aits and meadows; fog down the river, where it rolls defiled among the tiers of shipping and the waterside pollutions of a great (and dirty) city. Fog in the eyes and throats of ancient Greenwich pensioners, wheezing by the firesides of their skipper, down in his close cabin, fog cruelly pinching the toes and fingers of his shivering little ‘prentice boy on deck. Chance people on the bridges peeping over the parapets into a nether sky of fog, with fog all round them, as if they were up in a balloon and hanging in the misty clouds.”

Was Tony Blair right second time?

Is privacy and data protection a good thing or not?

Should there be a public register of what you own? Would you like your neighbours, friends, children and employees knowing precisely what you own; properties, businesses, pensions and bank accounts? Why not – if you have nothing to hide?

Tony Blair, is on record as saying that one of his greatest regrets had been his own Freedom of Information Act. Why because in his view ‘information is neither sought because the journalist is curious to know, nor given to bestow knowledge on ’the people’. ‘It is used as a weapon’.

To protect his privacy once he left office and started to make money, he erected barriers to prevent an accurate assessment of his wealth His income was channelled through a complicated legal structure. At the top was BDBCO No.819 Limited a company called either Windrush or Firerush. Windrush Ventures No.3 LP was part owned by Windrush Ventures No.2 LP which in turn controlled Windrush Ventures Ltd. The scheme’s advantage was that the LPs, or limited partnerships, were not obliged to publish accounts. Even without public registers and the protection of limited partnerships, Tom Bower, author of ‘Broken Vows’ managed to track down these details – so why do we need a public register?

Furthermore, the drive for a public register is for ownership of companies and properties, but  not of the beneficiaries of a trust – so for anyone wishing to disguise their ownerships they simply need to set up a trust – or take their assets outside the Overseas Territories and Crown Dependencies – in which case Britain plc is shooting itself in the foot. We will get nothing and business will flee from the territories we should be protecting.

This week a Government Bill designed to protect the City in the event of a no-deal Brexit was pulled in the face of almost certain defeat after MPs added an amendment that would have forced greater transparency on the Isle of Man, Guernsey and Jersey – the Crown Dependencies.

The idea of public registers of companies, was originally proposed by David Cameron and George Osborne in 2013 in the fight against the use of offshore financial centres to launder money using a myriad of offshore companies. It was dropped when May became Prime Minister, but resurrected by a bank benchers Hodge and Mitchell.

It is generally accepted that the UK cannot interfere in the affairs of another country even an ‘Overseas Territory’ such as the BVI or Cayman, or a ‘Crown Dependency’ such as Guernsey except in extreme circumstances.”

The UK has however intervened in the affairs of the Overseas Territories, such as in the repeal of the Death Penalty in 1991 and decriminalising homosexuality in 2,000, but has made no such intervention in the Crown Dependencies, which is why the bill had to be pulled to give time for a more detailed debate.

Hodge takes the view that a public register of ownership to stamp out the ‘traffic of corrupt money and illicit finance’ across the world’ justified such intervention! The Paradise Papers according to the campaign group Global Witness estimates that £68bn flowed out of Russia via the British-overseas territories between 2007 and 2016, – but what of other countries? To date only three prosecutions have been made. Is this a good enough justification for undermining the privacy of many others?

Andrew Mitchell takes it one stage further, ‘It is only by openness and scrutiny, by allowing charities, NGOs and the media to join up the dots, that we can expose this dirty money and those people standing behind it. Closed registers do not begin to allow us to do it’

That did not prevent Tom Bower finding out all he needed to know about Tony Blair!

The real debate needs to be on how far can we undermine the human right to privacy enshrined in many countries so that rich countries can pick out a few bad apples in a barrel of good ones?”

Find out today how an asset structuring technique–PPLI–can be both conservative and sophisticated. PPLI can give you both privacy and full compliance with the world’s tax authorities. We welcome your call or email. Contact Us right now!

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

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Transformation Abounds

Professor PPLI and the Caterpillar

Part 5

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Our next series of articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI to the Rescue.  

In our earlier articles we entertained several views on the word rain, and explored various ways that the English language used the word rain in colorful ways to describe its effect on a client’s assets. Professor PPLI has a rye sense of humor! You will receive more in this vein further in our article from Lewis Carroll’s Alice in Wonderland. Professor PPLI meets his match in the person of the Caterpillar.

We also cast life insurance, in particular Private Placement Life Insurance (PPLI), in the role of a protective outer garment that can protect client’s assets against the assault of the rain.

Now I ask you to exchange this protective outer garment for one of nature’s most magical acts: the Resolving the Contradiction of Changeless Changetransformation of a caterpillar into a butterfly. The cocoon, like PPLI, does indeed provide protection, and the amazing transformation that occurs inside the cocoon is analogous to the transformation of client’s assets once they enter the PPLI policy.

From the Scientific American, Ferris Jabr brings us

“How Does a Caterpillar Turn into a Butterfly? To become a butterfly, a caterpillar first digests itself. But certain groups of cells survive, turning the soup into eyes, wings, antennae and other adult structures”

“As children, many of us learn about the wondrous process by which a caterpillar morphs into a butterfly. The story usually begins with a very hungry caterpillar hatching from an egg. The caterpillar, or what is more scientifically termed a larva, stuffs itself with leaves, growing plumper and longer through a series of molts in which it sheds its skin. One day, the caterpillar stops eating, hangs upside down from a twig or leaf and spins itself a silky cocoon or molts into a shiny chrysalis. Within its protective casing, the caterpillar radically transforms its body, eventually emerging as a butterfly or moth.

But what does that radical transformation entail? How does a caterpillar rearrange itself into a butterfly? What happens inside a chrysalis or cocoon?

First, the caterpillar digests itself, releasing enzymes to dissolve all of its tissues. If you were to cut open a cocoon or chrysalis at just the right time, caterpillar soup would ooze out.”

Like the transformation of the caterpillar into a butterfly, the of re-characterizing of assets inside a PPLI becomes an equally magical experience. Once assets are placed inside the PPLI policy, these assets take on the six principles of Expanded Worldwide Planning (EWP): privacy, asset protection, succession planning, tax shield, compliance simplifier, and trust substitute.

We are not finished with the Caterpillar, and now reveal him in a new guise. Because Professor PPLI has such a rye sense of humor, we now switch to a master of quizzical, British humor, Lewis Carroll, in Alice in Wonderland.  The very idea of raining inside an insurance policy is puzzling, and brings to mind an equally puzzling exchange between Alice and the Caterpillar.

“’Who are you?‘ said the Caterpillar.

This was not an encouraging opening for a conversation. Alice replied, rather shyly, ‘I — I hardly know, sir, just at present — at least I know who I WAS when I got up this morning, but I think I must have been changed several times since then.’

‘What do you mean by that?’ said the Caterpillar sternly. ‘Explain yourself!’

‘I can’t explain myself, I’m afraid, sir’ said Alice, ‘because I’m not myself, you see.’

‘I don’t see,’ said the Caterpillar.

‘I’m afraid I can’t put it more clearly,’ Alice replied very politely, ‘for I can’t understand it myself to begin with; and being so many different sizes in a day is very confusing.’

‘It isn’t,’ said the Caterpillar.

‘Well, perhaps you haven’t found it so yet,’ said Alice; ‘but when you have to turn into a chrysalis — you will some day, you know — and then after that into a butterfly, I should think you’ll feel it a little queer, won’t you?’

‘Not a bit,’ said the Caterpillar.

‘Well, perhaps your feelings may be different,’ said Alice; ‘all I know is, it would feel very queer to me.’

‘You!’ said the Caterpillar contemptuously. ‘Who are you?’

Which brought them back again to the beginning of the conversation. Alice felt a little irritated at the Caterpillar’s making such very short remarks, and she drew herself up and said, very gravely, ‘I think, you out to tell me who you are, first.’

‘Why?’ said the Caterpillar.

Here was another puzzling question; and as Alice could not think of any good reason, and as the Caterpillar seemed to be in a very unpleasant state of mind, she turned away.

‘Come back!’ the Caterpillar called after her. ‘I’ve something important to say!’

This sounded promising, certainly: Alice turned and came back again.

‘Keep your temper,’ said the Caterpillar.

‘Is that all?’ said Alice, swallowing down her anger as well as she could.

‘No,’ said the Caterpillar.

Alice thought she might as well wait, as she had nothing else to do, and perhaps after all it might tell her something worth hearing. For some minutes it puffed away without speaking, but at last it unfolded its arms, took the hookah out of its mouth again, and said,

‘So you think you’re changed, do you?’

‘I’m afraid I am, sir,’ said Alice; ‘I can’t remember things as I used — and I don’t keep the same size for ten minutes together!’

‘Can’t remember what things?’ said the Caterpillar.

‘Well, I’ve tried to say “How doth the little busy bee,” but it all came different!’ Alice replied in a very melancholy voice.”

Alice’s state of mind reminds me of tax advisor who doesn’t understand PPLI. These advisors can’t conceive of an insurance policy accomplishing more than a trust. But in a sense, this can be seen with a little reflection–these advisors are mostly in the business of creating trust, or giving tax advice, and think that insurance is beneath their dignity. Much like Alice regards the Caterpillar.

Ironically, most PPLI policies are owned by trusts. PPLI greatly expands the trust’s possibilities by coupling amicably with a properly structured PPLI policy.

Tax in the Real World 

I think most people would agree that in an ideal society, taxation would promote the common good. But putting this into practice is extremely difficult. Who to tax and how much to tax is much debated throughout the world, and countries approach this dilemma in many different ways, depending on the type of government and their societal goals.

Strong central governments are able to implement their programs with greater ease than in societies that are more pluralistic and democratic, but this is still no guarantee that the programs implemented will be successful, and promote the common good.

Promoting the common good reminds me of the quest to rid the world of the One Ring in J. R. R. Tolkien’s Lord of the Rings. Written during the time of World War II, Tolkien’s epic novel offers us an example of a quest to rid the world of a device, the One Ring, that had the ability to unleash destruction and enslave the peoples of Middle Earth. In the end, service and steadfast devotion won out over greed and power.

At Advanced Financial Solutions, Inc. our quest is to give you maximum tax efficiency and privacy while maintaining your compliance with the world’s tax authorities. Our PPLI structuring uses a simple, straightforward, and traditional tool–life insurance. Our service and steadfast devotion to your needs produces exceptional results. Please let us know your situation so we can create a plan that works for your own unique set of circumstances.

 

by Michael Malloy, CLU TEP, @ Advanced Financial Solutions, Inc

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Inside and Outside PPLI

Academics Teach Us a Lesson

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Part 4

The magic comes once assets are inside the PPLI policy. This magic is partly due to what occurs outside the PPLI policy. We likened this in Part 2 and Part 3 to the “wind and rain.” Let us define this “wind and rain” in terms of tax policy, and compare it to the benefits of using a properly structured PPLI policy.

By using rigorous methods of analysis, tax academics can bring to light flawed tax legislation. Tax academics are not under the same political pressures as those who make the tax laws. We will look at two studies in this realm of what we are calling the “wind and rain.”

The first study isThe Impact of Soda Taxes: Pass-through, Tax Avoidance, and Nutritional Effects” by  Stephan Seiler, Stanford University: Anna Tuchman, Northwestern University, and Song Yao, University of Minnesota. Draft: February 21,  2019.

The interesting conclusion of this study is that the so called Soda Tax is harmful to the very group of people that it was originally designed to help!

The study reaches this conclusion:

“We use detailed supermarket scanner data from a large set of stores in Philadelphia to evaluate the impact of a sweetened beverage tax on nutritional intake and consumer welfare. Our findings suggest that the tax was almost fully passed through at most stores. While there is some decrease in the aggregate consumption of taxed beverages, the magnitude of the decrease is reduced considerably because consumers avoid the tax by cross-shopping. As a consequence, the reform does not lead to an improvement in terms of the consumption of healthier beverages, it has little impact on nutritional intake, and it is limited in its ability to raise revenue. Finally, it imposes a relatively larger financial burden on low income / high obesity households that are less likely to engage in cross-shopping at stores outside of the city.

These results relate to a broader discussion about the optimal design of policies that are intended to encourage changes in consumer behavior. First, our results suggest that consumers have strong preferences for taxed beverages relative to healthier alternatives, and these preferences are not easily altered. Our data spans almost two years after the tax, and we don’t find evidence that cross-shopping decreases over time, so it is therefore unlikely to be a short-term effect.

Second, our analysis shows that in order to be e↵ective, taxes must be imposed in a way that makes them hard to evade. Highly localized taxes make it relatively easy for consumers to seek alternatives. This kind of tax evasion behavior has been documented for other kinds of local taxes as well, including cigarette and liquor taxes (Barker et al. (2016); Beard et al. (1997)).

Finally, while we would expect low income households to generally be more price sensitive, our results also show that low income consumers are less likely to avoid the tax through cross-shopping. The latter effect is so strong that it leads to a lower reduction in quantity (for the same price increase) in low income areas in Philadelphia. Generally, taxes on grocery items tend to be regressive due to the fact that such goods constitute a larger share of expenditure for low income households (Bureau of Labor Statistics (2015); Wilson et al. (2016)).

The differential behavior with regards to tax avoidance that we document constitutes an additional driver that makes the tax regressive. Hence, fully understanding the impact of the tax across the income spectrum is important to correctly quantify distributional consequences.”

Our second example of “wind and rain,” or what happens outside the magic of a PPLI policy, is “Taxation and Innovation in the 20th Century” by  Ufuk Akcigit, John Grigsby, Tom Nicholas, and Stefanie Stantcheva, January 22, 2019.

“There is an negative effect to taxing successful individuals and corporations in terms of stifling innovation. We quote from the Abstract of this study, “This paper studies the effect of corporate and personal taxes on innovation in the United States over the twentieth century. We use three new datasets: a panel of the universe of inventors who patent since 1920; a dataset of the employment, location and patents of firms active in R&D since 1921; and a historical state-level corporate tax database since 1900, which we link to an existing database on state-level personal income taxes. Our analysis focuses on the impact of taxes on individual inventors and firms (the micro level) and on states over time (the macro level). We propose several identification strategies, all of which yield consistent results: i) OLS with fixed effects, including inventor and state-times-year fixed effects, which make use of differences between tax brackets within a state-year cell and which absorb heterogeneity and contemporaneous changes in economic conditions; ii) an instrumental variable approach, which predicts changes in an individual or firm’s total tax rate with changes in the federal tax rate only; iii) event studies, synthetic cohort case studies, and a border county strategy, which exploits tax variation across neighboring counties in different states.

We find that taxes matter for innovation: higher personal and corporate income taxes negatively affect the quantity and quality of inventive activity and shift its location at the macro and micro levels. At the macro level, cross-state spillovers or business-stealing from one state to another are important, but do not account for all of the effect. Agglomeration effects from local innovation clusters tend to weaken responsiveness to taxation. Corporate inventors respond more strongly to taxes than their non-corporate counterparts.”

 

What gives PPLI this magical power

We began our Part 4 by introducing magic. What is magic? Wikipedia defines it as “making something appear or disappear before your eyes, and you don’t know quite how it happened.”

This is key to PPLI structuring, and the continued reason why it is underutilized. How can a life insurance policy accomplish so much for the assets of wealth persons? Because it is life insurance, but functions more like a Super Trust. Here is a comparison.

Trust and Insurance Comparison

Insurance

  • Contractually based and used by millions
  • Tax deferral
  • Insurance company is beneficial owner
  • Simplified or limited reporting
  • Potentially tax free
  • No capital gains taxes
  • No trustee
  • Asset protection

Trusts

  • Provides some asset protection
  • Sometimes seen as a tool for the rich
  • Requires “trustee” with full control
  • More stringent reporting requirements
  • Tax filings for trust and possibly beneficiaries required by some jurisdictions

In other words, assets that don’t have the security and certainty of being inside a properly structured PPLI policy and using the six principles of Expanded Worldwide Planning (EWP) are cut off from the magic and must remain outside in the “wind and rain.”

From the 20th century writer, Roald Dahl, here is another look at magic that describes what is possible with PPLI structuring:

“And above all, watch with glittering eyes the whole world around you because the greatest secrets are always hidden in the most unlikely places. Those who don’t believe in magic will never find it.”

The overarching principle of PPLI structuring is EWP which is comprised of the six principles below.

Privacy

EWP gives privacy and compliance with tax laws. It also enhances protection from data breach and strengthens family security. EWP allows for a tax compliant system that still respects basic rights of privacy. EWP addresses the concerns of law firms and international planners about some aspects of CRS related to their clients’ privacy. EWP assists with the privacy and welfare of families by protecting their financial records and keeping them in compliance with tax regulations.

Asset protection

EWP protects assets with segregated account legislation by using the benefits of life insurance. This structure uses asset protection laws in the jurisdictions of residence to shield these assets from creditors’ claims. A trust with its own asset protection provisions can still receive additional protection with the policy.

Succession planning

EWP includes transfers of assets without forced heirship rules directly to beneficiaries using a controlled and orderly plan. This element of EWP provides a wealth holder a method to enact an estate plan according to his/her wishes without complying forced heirship rules in the home country. This plan must be coordinated with all the aspects of a properly structured PPLI policy together with other elements of a wealth owner’s financial and legal planning.

Tax shield

EWP adds tax deferral, income, estate tax benefits and dynasty tax planning opportunities. Assets held in a life insurance contract are considered tax-deferred in most jurisdictions throughout the world. Likewise, PPLI policies that are properly constructed shield the assets from all taxes. In most cases, upon the death of the insured, benefits are paid as a tax free death benefit.

Compliance simplifier

EWP adds ease of reporting to tax authorities and administration of assets, commercial substance to structures. In addition, the insurance company is considered the beneficial owner of the assets. This approach greatly simplifies reporting obligations to tax authorizes because assets in the policy are held in segregated accounts and can be spread over multiple jurisdictions worldwide.

Trust substitute

EWP creates viable structure under specific insurance regulations for civil law jurisdictions. It also creates a new role for commercial trust companies. In most civil law jurisdictions, trusts are poorly acknowledged and trust law is not well developed. As a result, companies with foreign trusts in these civil law jurisdictions, face obstacles.

If you are just using trusts, foundations, and various corporate entities in your planning, you are out in the “wind and rain.” Is it not time that you embraced this simple yet fully tax compliant tool? Let us know how we can take you inside the comfort zone of being fully tax compliant and the proud possessor of the six principles of EWP. Please call us today!

 

by Michael Malloy, CLU, TEP, @ Advanced Financial Solutions, Inc

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The Rainmaker Cometh

Professor PPLI’s Tanned Face

 Part 3

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 Our next series of articles will comprise an in-depth look at the five main components of our PPLI Concept Map: Professor PPLI to the Rescue.  

Professor PPLI has arrived to educate our advisor on what PPLI can accomplish for this frustrated client. We continue our analogy of rain, and cast Professor PPLI in the role of the rainmaker, which the Cambridge English Dictionary defines as “someone who makes a lot of money for a company or who helps someone or something to succeed.” This is an apt description of Professor PPLI.  As you will find out, Professor PPLI has a studious approach to the tax savings and tax compliance benefits of PPLI, (Private Placement Life Insurance).

It is not raining in the third panel of the Concept Map which includes a palm tree. In this article, we will explore how the rain exits and how “PPLI can stop the rain.” Frequently wind can accompany rain, but it also can blow it away.

Before we detail how “PPLI can stop the rain.” Please enjoy a memorable passage from Charles Dickens on the wind from his novel Martin Chuzzlewit. Think of this wind as the same wind that blew the rain away.  This rain that so disturbed the client’s assets in frame two of our Concept Map.

“An evening wind uprose too, and the slighter branches cracked and rattled as they moved, in skeleton dances, to its moaning music. The withering leaves no longer quiet, hurried to and fro in search of shelter from its chill pursuit; the labourer unyoked his horses, and with head bent down, trudged briskly home beside them; and from the cottage windows lights began to glance and wink upon the darkening fields.

Then the village forge came out in all its bright importance. The lusty bellows roared Ha ha! to the clear fire, which roared in turn, and bade the shining sparks dance gayly to the merry clinking of the hammers on the anvil.

Out upon the angry wind! how from sighing, it began to bluster round the merry forge, banging at the wicket, and grumbling in the chimney, as if it bullied the jolly bellows for doing anything to order. And what an impotent swaggerer it was too, for all its noise; for if it had any influence on that hoarse companion, it was but to make him roar his cheerful song the louder, and by consequence to make the fire burn the brighter, and the sparks to dance more gayly yet; at length, they whizzed so madly round and round, that it was too much for such a surly wind to bear; so off it flew with a howl giving the old sign before the ale-house door such a cuff as it went, that the Blue Dragon was more rampant than usual ever afterwards, and indeed, before Christmas, reared clean out of its crazy frame.

It was small tyranny for a respectable wind to go wreaking its vengeance on such poor creatures as the fallen leaves, but this wind happening to come up with a great heap of them just after venting its humour on the insulted Dragon, did so disperse and scatter them that they fled away, pell-mell, some here, some there, rolling over each other, whirling round and round upon their thin edges, taking frantic flights into the air, and playing all manner of extraordinary gambols in the extremity of their distress.

Nor was this enough for its malicious fury; for not content with driving them abroad, it charged small parties of them and hunted them into the wheel wright’s saw-pit, and below the planks and timbers in the yard, and, scattering the sawdust in the air, it looked for them underneath, and when it did meet with any, whew! how it drove them on and followed at their heels!

The scared leaves only flew the faster for all this, and a giddy chase it was; for they got into unfrequented places, where there was no outlet, and where their pursuer kept them eddying round and round at his pleasure; and they crept under the eaves of houses, and clung tightly to the sides of hay-ricks, like bats; and tore in at open chamber windows, and cowered close to hedges; and, in short, went anywhere for safety.”

Now contrast this chaotic and disruptive wind to the placid palm tree next to Professor PPLI in panel three of our Concept Map.  Here is a description of palm trees from Wikipedia.

“Palms are among the best known and most extensively cultivated plant families. They have been important to humans throughout much of history. Many common products and foods are derived from palms. In contemporary times, palms are also widely used in landscaping, making them one of the most economically important plants. In many historical cultures, because of their importance as food, palms were symbols for such ideas as victory, peace, and fertility. For inhabitants of cooler climates today, palms symbolize the tropics and vacations.”

In January and February when walking the sometimes icy New York City streets, you are apt to encounter the sun tanned face or two on the crowded sidewalks. It is difficult not to have a pang of jealousy. You know that this lucky person has just returned from a pleasant Caribbean island where palm trees abound, and the bitter cold winter wind is not felt. At this time in the Caribbean, the temperatures are usually ideal–not too hot or too cold. This balance reminds us of the six principles of Expanded Worldwide Planning (EWP), and how these six principles together with PPLI achieve such outstanding asset structuring results.

In the STEP Journal, Simon Gorbutt TEP, Director of Wealth Structuring Solutions at Lombard International Assurance, demonstrates how the six principles of EWP solve many common issues for wealthy clients.  (Note in this article that the term “investment-linked life insurance” is used for PPLI.)

“Bill Gates once said that ‘with great wealth comes great responsibility’. Gates was referring to philanthropy, but, for many wealthy clients, the responsibility they feel is twofold: to their communities, but also to their ultimate beneficiaries, to ensure that wealth is not unnecessarily eroded before it reaches them. Wealthy clients cite succession and inheritance issues as their greatest concern in terms of wealth creation and preservation in the coming years.1 In an age of political turmoil and where globalisation and digitalisation make all manner of personal and professional change swift, ensuring the continuity of one’s legacy can be challenging, as can finding a single vehicle that delivers the flexibility and longevity clients require. However, life insurance may be that vehicle.”

Preservation

Mobile lifestyles are fast becoming the norm: a third of wealthy clients hold a second passport or nationality, 22 percent plan to buy another home in a foreign country in the next year and 41 per cent send their children overseas for education.2 However, every connection with a new country brings a risk that existing wealth structures will be rendered ineffective. A mainstay of planning in one jurisdiction, such as an excluded property trust for a UK resident non-domiciliary, may not survive elsewhere: on a move by the settlor or beneficiary to France, the trust attracts reporting obligations and, potentially, tax. Spain and other countries that have not ratified the Hague Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition may disregard it entirely. And the issue is by no means exclusively European: acquisition of US taxpayer status by a non-US resident can require a client to contend with two tax regimes simultaneously, and investment options may be constrained – e.g. by punitive tax and reporting associated with passive foreign investment companies (PFICs). While there is likely no panacea, investment-linked life insurance can go a long way towards alleviating these concerns.

Importantly, life insurance is not a uniquely civil- or common-law creation. As such, its treatment in law and tax is reasonably uniform, and a well-structured insurance policy will be immune to a move between civil- and common-law jurisdictions. Whether unchanged or with subtle amendments, it can continue to defer tax on linked investments across borders and even in the hands of dual or multi-tax residents. Further, policy assets are owned by the insurer, rather than the policyholder – a distinction that grants the policyholder exposure to investments, such as PFICs, that might otherwise be taxed unfavourably. Similarly, policy investment gains may be protected on emigration, given that, in some countries (e.g. Spain and France), life insurance is not subject to exit tax. In the meantime, the policyholder retains access to their preferred investment managers, appointed by the insurer.

Transition

Over time, life can be complicated not only by travel, but also through the gradual dispersal of family, wealth and other interests – not to mention death, separation and remarriage, and the extended families that can follow. When the time comes for assets to pass to the next generation, these intricacies can frustrate intentions. At death, a matrimonial property regime may apply and should be dealt with first. If time has been spent in various locations, assets are widely distributed or the residence and domicile of a client no longer match, there is scope for more than one succession regime to apply. Some jurisdictions recognise the concept of a deceased’s estate, while elsewhere succession is direct. Others apply forced-heirship rules, and then there is the prospect of double taxation. While the landscape has seen some simplification, e.g. with the EU Succession Regulation (the Regulation)3 and enhanced European cooperation in matrimonial property matters,4 it can be hard to ensure assets reach the right hands.

One of the attractive features of life insurance is the possibility to designate beneficiaries to whom some or all policy proceeds are paid directly when the contract ends. Amounts transferred in this way are generally excluded from the estate of the deceased and are therefore not subject to probate. In some cases, such as in Sweden, a beneficiary can automatically become the new policyholder when the holder dies. At European level, life insurance is a notable exclusion from the scope of the Regulation.5 This is not to say that a life policy in force at the holder’s death cannot be subject to the Regulation, but it provides comfort that payments to beneficiaries will be made immediately, rather than being gathered in and distributed with the broader estate. In this context, it is also significant that, regardless of the number and location of a policy’s linked investments, the policy remains a single asset with a single situs.

There can be little comfort, however, in assets reaching their destination if their value by that time has dissipated. Life insurance is not only subject to a specific legal framework, but also usually sits under a specific head of taxation. As a result, proceeds, on withdrawals or termination, can be taxed more lightly than direct investments and direct inheritance. In France, for example, death proceeds of a policy funded prior to the assured’s 70th birthday are taxed at beneficiary tax rates of 20–31.25 per cent, rather than at succession tax rates of up to 60 per cent. Even where reduced tax rates are unavailable, a life policy might be paired with high death cover from the same provider to meet, rather than mitigate, the liability.

If there is concern that when assets change hands they will be consumed by family disputes or further taxation, bespoke policy terms can reduce this risk: a couple in Spain has the option to take out joint life policies, each spouse naming the other as beneficiary should they be the sole survivor. After an initial term, the sole survivor receives a contractual right to end the policy and take the proceeds. However, the spouses can agree at the outset that receipt of this right will be delayed by a term of years or be invalidated by family disputes or remarriage during this time. Succession tax is not due until the right is received. Crossed policies such as these can smooth the transition of wealth and offer time to plan before a tax bill can arise.

Control

Two of the primary reasons wealthy individuals are concerned about intergenerational wealth transfer are that children will not know how to handle the investments and that they will be irresponsible with the money.6 Having earmarked wealth for the next generation, retaining control over how it is applied can be difficult, particularly overseas. A life policy could solve the conundrum.

In the UK, for example, where beneficiary designations are uncommon, a gift of a foreign life policy to an individual is not chargeable to income or capital gains tax and, for a domiciled (or deemed-domiciled) client, is potentially exempt for inheritance tax purposes. If there is concern that a child or grandchild may be insufficiently mature to handle the value transferred or share the family’s wealth management objectives, policy terms can be tailored before the gift so that, for a period of time chosen by the donor, the policy cannot be brought to an end and withdrawals are prohibited or capped. Elsewhere, beneficiary designations can bestow a form of veto right: although not unique to Belgium, Belgian insurance law provides that an accepting (irrevocable) beneficiary must consent to certain policy transactions, including withdrawals of policy value by the holder. A grandparent who gifts a policy to a child but is irrevocably designated a beneficiary in first rank will possess a veto right during their lifetime over access to the policy value, which value will then inure to the benefit of the child, and ultimately the grandchild as beneficiary in second rank.

Connection

Of course, circumstances may dictate that a combination of solutions or an addition to an existing vehicle is required. In this context, the incorporation of an insurance policy can enhance the efficiency of a larger plan and expand the available investment options. A practical example is the addition of US-style insurance and annuities to foreign non-grantor trusts to limit the effect of the accumulation and distribution rules.7 Similarly, should a beneficial owner spend time in a jurisdiction that disregards a foreign entity, such as a trust, or treats it as transparent (attribution rules in South Africa, or tainted protected settlements in the UK), a life policy held by the entity and compliant in the beneficiary’s country of residence can preserve tax deferral and investment flexibility.

Conclusion

As families and their wealth gradually disperse, and business and personal relationships evolve, even established planning tools can be rendered inefficient or, worse, obsolete. While no structure will weather all eventualities, the flexibility inherent in life insurance and the breadth of its recognition make it an attractive candidate for completing a modern wealth and succession plan.”

  • The Wealth Report 2016, Knight Frank
  • As above, note 1
  • Regulation (EU) No 650/2012
  • Council Regulation (EC) 2016/1103 and, in relation to registered partnerships, Council Regulation (EU) 2016/1104
  • art.1(2)(g), subject to point (i) of art.23(2)
  • As above, note 1
  • See Danilo Santucci, ‘Distribution and Throwback, Part 2’, STEP Journal (Vol25 Iss10), pp.34–35

In our next article we will discuss in more detail how the six principles of EWP in conjunction with PPLI give “magical powers” for structuring assets to achieve exceptional outcomes for clients. Let us know how we can accomplish the same for you!

 

by Michael Malloy, CLU, TEP, @ Advanced Financial Solutions, Inc

 

 

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