Small Business Planning. Split Dollar Plans Using Life Insurance. What s the prescription for a successful workforce?
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- Suzan Ramsey
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1 Small Business Planning Split Dollar Plans Using Life Insurance What s the prescription for a successful workforce?
2 2
3 Add life to your business You finally have the staff you ve always wanted for your company now how do you keep them there? A split dollar plan using life insurance from Nationwide may be just what you need to add a little staying power to your company. As situations change so will a business s life insurance needs. Care should be taken to ensure these strategies and products are suitable for the business s and the client s long-term goals. Weigh the business s objectives, time horizon and risk tolerance as well as any associated costs before investing. Also, be aware that market volatility can lead to the possibility of the need for additional premium in the policy. Life insurance has fees and charges associated with it, which include costs of insurance, underlying fund expenses and administration fees. Investing involves risk, including possible loss of principal. 3
4 Keep life in your business with split dollar plans There are two types of split dollar arrangements created using life insurance collateral assignment/loan regime and endorsement split dollar/economic benefit regime. Each has unique features that meet various objectives by an employer. How it works Collateral assignment/loan regime under this type of arrangement, an employer will loan a key employee an amount of money to be used as premium on a life insurance policy. The employee will pledge the policy as collateral for the loan. The employee gets the privilege of owning the policy and naming a beneficiary. Collateral assignment split dollar During working years EMPLOYER EMPLOYEE* INSURANCE POLICY Loans premium *Employee is taxed on the imputed interest income of the loan. 4
5 Upon separation from service/end of agreement 1. Loan is paid back by employee 2. Loan amount is forgiven EMPLOYEE* EMPLOYER EMPLOYER EMPLOYEE Repays loan Loans premium *Agreement is terminated, and the employee owns the life insurance policy free and clear of pledge. Taxed on amount of forgiven loan INTERNAL REVENUE SERVICE Upon premature death LIFE INSURANCE DEATH BENEFIT Loan repaid balance due EMPLOYER Remaining balance of death benefit BENEFICIARY 5
6 How it works Endorsement split dollar/economic benefit regime here, an employer will purchase and own a life insurance policy on a key employee, and the employee will have the opportunity to name a beneficiary. Endorsement split dollar During working years EMPLOYER INSURANCE POLICY ON EMPLOYEE* *Employee is taxed on the fair market value of the life insurance policy. EMPLOYEE NAMES BENEFICIARY 6
7 EMPLOYER EMPLOYEE* Upon separation from service/end of agreement 1. Employee obtains policy 2. Employer retains policy EMPLOYER *Employee may obtain the policy through a bonus on sale of the policy at fair market value. MAINTAIN POLICY AND CHANGE INSURED X SURRENDER THE POLICY MAINTAIN POLICY AS IS Upon premature death INSURANCE POLICY DEATH BENEFIT Reclaim premium EMPLOYER Remaining balance of death benefit BENEFICIARY NAMED BY EMPLOYEE 7
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9 For employers Benefits of the plan: Both a recruiting and retention tool for valued employees Less administration and fewer funding requirements than qualified plans Ability to select who receives benefits, when they receive them and how much they receive, unlike qualified plans Lack of limits or rules associated with traditional qualified plans Low start-up and administrative expenses Ability to recoup your business s investment when a valued employee quits, retires or dies Flexibility in plan design to meet specific needs Capability to terminate the plan at any time Drawbacks of the plan: Heavily regulated Requires a formal written contract to put the plan in place No guarantee the employee will remain with the company once the contract term has ended 9
10 For employees Benefits of the plan: Your business makes premium payments for personal life insurance protection Flexibility in plan design to meet individual needs Income tax costs to employees can be covered by a bonus from your business Ability to receive tax-free income via partial withdrawals and loans Opportunity for tax-deferred growth of cash values within the life insurance policy Income tax-free death benefit for beneficiary(ies) With proper planning, there may be an ability to exclude the value of the life insurance policy from the employee s estate Drawbacks of the plan: If employment ends for any reason, then the policy may be at risk for lapsing if the employee cannot make the premium payments Possible taxation upon separation of employment, even for retirement The plan is a golden handcuffs arrangement 10
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12 Meet Jack 12 All of the characters are fictitious, meant to represent typical individuals in typical business situations. The following information is designed to demonstrate one possible solution to a complex problem. You should work carefully with your investment professional to determine the solution that best meets your specific needs and objectives.
13 His story Founded by Dr. Jack Burnside shortly after completing his residency 20 years ago, Burnside Medical Group (BMG) now employs 11 general practitioners as well as nurses, physical therapists, medical assistants, lab technicians and office staff. Starting with just Dr. Burnside and Judy, his wife and nurse, the practice is now one of the best regarded in the city for top-notch medical care and the staff s genuine compassion. However, finding the right mix of medical expertise and caring concern in the physicians he recruits has typically not been very easy, and turnover is a problem. Dr. Burnside would like to add a special benefit or two for the physicians, to encourage them to stay at BMG. His strategy So, Jack and Judy decide to meet with their investment professional, Catherine, to discuss their options. Jack explains his desire to retain physicians by offering an exclusive benefit. Catherine explains that one possible strategy often used to boost retention among key employees with a life insurance need is a split dollar plan. With this type of plan, BMG would purchase life insurance policies on a physician or physicians. These policies would help protect their loved ones in the event of an untimely death, as well as provide a tax-advantaged way to save more for retirement. The practice must be prepared to make premium payments on the life insurance policies used to fund the plan. The practice would have complete discretion in selecting employees as well as contributions and benefits. The plan can also be structured so that the employees make part of the premium payment and so that the practice s investment can be reimbursed when the employee quits, retires or dies. After the employee retires and, if necessary, reimburses the firm, he or she enjoys all the policy benefits. Since life insurance policies are involved, Catherine reminds Jack and Judy that the employees will have to qualify for the coverage. Positive this is a good approach, Dr. Burnside presents the idea to the physicians at their weekly update meeting. They all agree to meet with Catherine to complete a life insurance application and schedule necessary medical requirements. Dr. Burnside feels confident that he s done what he can to retain BMG s physicians for years to come. 13
14 Call your investment professional today for more information on executive bonus plans, as well as any of these other business planning options: 14
15 A couple of things you should keep in mind: This strategy does not guarantee returns or insulate the policyowner from losses, including loss of principal The death benefit and any guarantees are subject to the claims-paying ability of the issuing insurance company Nationwide and its representatives do not give legal or tax advice; you should consult your legal or tax advisor for answers to specific tax questions Loans and partial withdrawals will reduce the death benefits payable to beneficiaries, and withdrawals above the available free amount will incur surrender charges Surrender charges vary by issue age, sex, underwriting rate class and product; these charges decline over time, so please see the prospectus for details Buy/sell agreements Executive bonus plans and restrictive executive bonus arrangements (REBA) Insurance-based retirement plans Key person insurance Nonqualified deferred compensation plans 15
16 Not a deposit Not FDIC or NCUSIF insured Not guaranteed by the institution Not insured by any federal government agency May lose value Throughout this brochure, we discuss access to money via loans and partial withdrawals. This assumes the contract qualifies as life insurance under section 7702 of the Internal Revenue Code (IRC) and is not a modified endowment contract (MEC) under section 7702A. As long as the contract meets non-mec definitions under section 7702A, most distributions are taxed on a first-in/first-out basis. Loans and partial withdrawals from a MEC will generally be taxable, and if taken prior to age 59½, may be subject to a 10% early withdrawal federal tax penalty. All individuals selling this product must be licensed insurance agents and registered representatives. Life insurance is underwritten by Nationwide Life Insurance Company or Nationwide Life and Annuity Insurance Company, Columbus, Ohio. The general distributor is Nationwide Investment Services Corporation, member FINRA. Nationwide, Nationwide is on your side and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company Nationwide NFM-1847AO.9 (11/14)
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