Executive Benefit Arrangements

Similar documents
EXECUTIVE BONUS ARRANGEMENT

Executive Benefits. Recruit, Retain and Reward Your Top Talent

Recruit, Retain and Reward Your Top Talent

Executive Benefit Concepts

Executive Bonus Plans and Restricted Endorsement Bonus Arrangements

Executive Benefits for Nonprofit & Tax-Exempt Organizations

EXECUTIVE BONUS PLAN KEEP THE PEOPLE WHO MATTER MOST Schafer Street, Suite E Bismarck, ND Phone:

Executive Bonus. Agent reference guide AAM2031 (06-14) For agent information and reference only. Not for use with the public.

Nonqualified deferred compensation arrangements

A Selective Executive Retirement Plan

Business Succession Transition Planning

Choosing the right retirement plan for your employees. RETIREMENT

Program Highlights & Fact Finder

A Deferred Compensation Plan

LifeComp DollarFlex. Conceptual Overview LCN: Patent Pending 2008 Lincoln National Corporation

Self Owned Life And Retirement (S.O.L.A.R.) Insurance Arrangements

Continuing Education for CPAs

October 18, RE: Non-Qualified Deferred Compensation Planning for XYZ Corporation

Split-Dollar. Life Insurance Arrangement: Program Highlights & Fact Finder

Deferred Compensation

NONQUALIFIED DEFERRED COMPENSATION LEGISLATIVE PROPOSALS * FEATURE LEGISLATIVE PROPOSALS COMMENTS

Advanced marketing concepts. Brought to you by the Advanced Consulting Group of Nationwide

TrueBlue, Inc. Nonqualified Deferred Compensation Plan Summary for 2011 Plan Year

10/24/2016. Benefiting from Historically Low Interest Rates. Disclosure. Disclosure

It s All About the Business

Compare key employee benefit plans for tax-exempt organizations

Making Informed Rollover Decisions

Business Owner s Bonus Plan. Producer Guide. For agent/registered representative use only. Not for public distribution.

Attract, Retain and Reward Key Executives through Non-Qualified Benefits

Insurance-Related Best Practices Guide for Buy-Sell Agreements

SecureOption Focus. A fixed deferred annuity. Your future Your focus. hij abc

BUYER S GUIDE TO FIXED DEFERRED ANNUITIES

Income Preferred Bonus Fixed Indexed Annuity

Reward Key Employees with Deferred Compensation Plans

EXECUTIVE BONUS ARRANGEMENTS. Presented for Sample Company

Introduction to nonqualified deferred compensation plans

Black Knight Deferred Compensation Plan 2018 Plan Year Enrollment Kit. Destinations

By providing funding for an executive-owned life insurance policy, split dollar loan arrangements:

Extending Retirement Assets: A Stretch IRA Review

Cashback Life. Return of Premium life insurance for executive bonus planning. Only available in Ohio, Pennsylvania, Utah and Washington

CHARTING A COURSE. to Help Secure your Future with Life Insurance

InfiniDex 5 TM Annuity Statement of Understanding

MetLife Resources (MLR) Certification Training

Collateral Assignment Split Dollar Method

An Introduction to Indexed Annuities

Buyer's Guide To Fixed Deferred Annuities

Executive Deferred Compensation Plan 2017 Plan Year Election Period

Enrolling in the Plan

SUMMARY PLAN DESCRIPTION FOR. DAYMON WORLDWIDE INC. 401(k) PROFIT SHARING PLAN AMENDMENT AND RESTATEMENT EFFECTIVE JANUARY 1, 2016

NONQUALIFIED DEFERRED COMPENSATION & CODE 409A

Quick Concepts. Now Available in JH Illustrator JOHN HANCOCK ADVANCED MARKETS. Providing you with tools you need to close cases

Required Minimum Distribution Form

Retirement Planning Guide

Why Non-Profits Are So Interested in Split-Dollar Life Insurance

North American. Charter Plus 10. Fixed Index Annuity 25304Z-20 PRT 4-17

Get more from your retirement

FG Guarantee- Platinum 5 YOU. Tax-deferred growth at a fixed interest rate certainty in an uncertain market.

Retirement Income: 401(k) and Other Employer-Sponsored Retirement Plans

Compensating the CEO of a Single Family Office

Continuing Education for CPAs

Lincoln business life insurance solutions

Nationwide Quatro Select Annuity. Spend more time with the people who matter most and less time planning for retirement.

Nonqualified Deferred Compensation Programs

New Deferred Compensation Legislation Summary and Action Steps

Re: Cintas Supplemental Executive Retirement Plan (SERP) Plan Year 2014

Attract and keep the best people for your business

Workshop Overview. Deferred Compensation for Closely Held and Family Businesses

MasterDex 10 Annuity Statement of Understanding

THE FLEXIBLE INCOME STREAM

Helping you recruit, reward and retain the best people

No bank guarantee Not a deposit May lose value Not FDIC/NCUA insured Not insured by any federal government agency

Proper Accounting for BOLI and SERPs

2018 EXECUTIVE CASH BALANCE PLAN

Retirement Planning Guide

Retirement Planning Guide

Using Benefits To Compensate Key Management & In Succession Planning

Annuity. InfiniDex 10 TM. Statement of Understanding

Summary Plan Description. of the. Chenega Corporation 401(k) Profit Sharing Plan

Six Best and Worst IRA Rollover Decisions

Nonqualified deferred compensation plans

Endorsement Split Dollar with Salary Continuation Using Indexed Universal Life

SUMMARY PLAN DESCRIPTION FOR. The Roman Catholic Diocese of Raleigh 403(b) Retirement Plan

Understanding FIXED ANNUITIES

Accumulating Funds in an Annuity: A Deferred Fixed Interest and Indexed Annuity Review

Executive Benefits for ESOP Owned S Corporations Post IRC Secs. 409A and 409(p)

Understanding fixed index universal life insurance

LIFE INSURANCE BASED STRATEGIES TO ATTRACT AND RETAIN KEY EMPLOYEES Executive Compensation Plans

DART EMPLOYEES DEFINED BENEFIT RETIREMENT PLAN AND TRUST SUMMARY PLAN DESCRIPTION. June v /00002

Producer Guide For producer use only. Not for distribution to the public.

IRAs. Your Retirement Advisor

Nationwide Clear Horizon Fixed & Indexed Annuity. Spend more time with the people who matter most, and less time planning for retirement.

Executive Benefit Strategies for Corporations

Buy Sell For Business Owners

Nassau MYAnnuity SM 5X Nassau MYAnnuity SM 7X A Single Premium Individual Deferred Annuity SAMPLE

GRAND VALLEY STATE UNIVERSITY

SUMMARY PLAN DESCRIPTION FOR. Florida Tech Retirement Plan

An Endorsement Split Dollar Arrangement

D e f e r r e d C o m p e n s a t i o n P l a n A d m i n i s t r a t i o n M a n u a l 457(b)

Insurance Corporate Insured Retirement Plan

FIXED DEFERRED INDEXED

Transcription:

Bonus Rec d Executive Benefit Arrangements When working with business owners, it is important to consider the business structure in which the business operates in order to assess the suitable options available for executive benefits. Some benefit types work well in C-corporations but not so well in S-corporations or LLCs. In addition, planning objectives such as current deductibility of contributions or having sufficient restrictions in the plan to keep the key person are also important to help narrow down suitable plans. Ease of administration is also another factor. Among the options available are: s Restricted s (REBAs) Supplemental Retirement Plans (SERPs) Executive Bonus Plan An Executive Bonus Plan (also referred to as a 162 Bonus Plan ) is a simple low cost way for an employer to attract and/or reward key employees particularly in a small to midsize closely held business or any S-corporation. The employer pays a bonus to selected employees in an amount equal to the annual premium on a life insurance policy on the employee s life. The employee owns the policy and has the right to name the policy s beneficiaries. The employer may also elect to pay the taxes on the bonus for the employee (sometimes referred to as a double bonus from the days when the income tax bracket was as high as 50%). By paying the tax on the bonus, there is no out-of-pocket cost to the employee. The plan may be made available to both stockholder-employees and nonstockholder employees. The employer can pick and choose who is to be covered under this arrangement. How It Works: Deductible Premiums Insurance Company IRS Income Tax on Premiums Cash Values s Death Benefit Beneficiary

Employment Agreement & Bonus Executive Benefit Arrangements How It Works: Restricted Executive Bonus Arrangement Under a restricted executive bonus arrangement (REBA), the uses tax-deductible bonuses to assist the Executive in purchasing a permanent life insurance policy on his or her own life. The Executive owns the policy and names the beneficiary. Through an endorsement to the policy, the is able to limit the Executive s access to the cash value. The and enter into a supplemental employment agreement spelling out the terms and conditions of the restrictions designed to motivate the employee to stay with the employer for an agreed upon period of time. Typically an endorsement is filed with the insurance company restricting the executive s rights in the policy for the agreed term. Examples of policy rights that might be restricted include surrendering the policy for its cash value, partial withdrawals of cash value, borrowing cash values, assigning the policy as collateral or changing ownership of the policy. Though the employer controls access to the cash value by the executive, values can never revert to the employer under the restrictive agreement or the current year tax deduction could be jeopardized under Internal Revenue Section 264 that prohibits an employer from deducting premiums when it benefits from the policy. The Restricted Executive can, if desired, be structured to pay all the individual income taxes generated by the bonus, resulting in a zero net cost to the Executive. The employer can pick and choose who is to be covered under this arrangement. Deductible Premiums Insurance Company IRS Income Tax on Premiums Cash Values Death Benefit s Beneficiary

Supplemental Executive Retirement Plan (SERP) A Supplemental Executive Retirement Plan is a non-qualified deferred compensation plan that allows employers to provide additional retirement income to key, highly compensated employers. Typically, no employee contributions or deferrals are involved. To avoid being subject to the rules of qualified plans, including the requirement to cover all employees, the SERP must be: For the benefit of a select group of management or highly compensated employees. Highly compensated employees are generally no more than the top 5%-15% of the executives An unfunded plan. Basically, it is an unsecured promise by the employer to pay a lump sum or series of annual or monthly payments at some future time. The employer must book the present value of future promised benefits on the books as a liability The employer may elect to informally fund the SERP with a life insurance policy. The employer is both owner and beneficiary of the policy. The cash value of the policy becomes an asset on the corporation s books. The employer may use the policy cash values through withdrawals or loans to help pay the after tax cost of any future benefits promised at the time they are due. The policy values are subject to the claims of the corporations' creditors. A trust, known as a Rabbi Trust (because the concept was first used for a rabbi) can prevent the employer s current or further management from touching the policy values that are assets of the trust. However, it cannot avoid the assets being subject to the claims of the corporation s creditors 1. Agreement How It Works: & Executive enter into an agreement Executive pays a retirement benefit and/ or survivor benefit at death Executive/beneficiary pays income tax on retirement or death benefits received and the receives a tax deduction on the benefits when they are paid Executive receives retirement benefit and/or survivor spouse receives a death benefit 2. Informal Funding purchases insurance policy on life of executive Policy values used to pay the after-tax deductible retirement and/or death benefits as well as to recover plan costs Insurance Company

Plan Comparisons Restrictive Executive Supplemental Executive Retirement Plan Advantages The premiums are tax deductible The plan provides a fringe benefit to the employee The employer may favor select employees The plan is easy to establish and administer No minimum or maximum number of lives must be covered No IRS approval is needed The premiums are tax deductible The plan provides a fringe benefit to the employee The employer may favor select employees The plan is relatively easy to establish and administer No minimum or maximum number of lives must be covered No IRS approval is needed It provides Golden Handcuffs through the restriction to prevent access to policy values by the employee It provides Golden Handcuffs to retain key executives or highly compensated employees owns and controls the policy may favor select highly compensated executives. If non-highly compensated employees are included, the qualified plan rules of coring all eligible employees of the employer would be invoked No minimum or maximum number of lives must be covered No IRS approval is needed Advantages The cost of the plan is paid for by the employer Generally, the employee is owner of the policy and designates a personal beneficiary The potential cash values of the policy may be accessed by the employee to supplement retirement income or to cover unexpected expenses on a nontaxable basis The employee is able to take the policy if he/she leaves The death benefit is income tax free to the beneficiary.. The cost of the plan is paid for by the employer Generally, the employee is owner of the policy and designates a personal beneficiary The potential cash values of the policy may be accessed by the employee to supplement retirement income or to cover unexpected expenses after the restrictive endorsement is removed on a non-taxable basis The employee is able to take the policy if he/she leaves after the restriction period. The death benefit is income tax free to the beneficiary.. The cost of the plan is paid for by the employer Generally there is no current income tax incurred by the executive Supplemental retirement benefits are available at retirement. These payments are deductible by the employer but taxable to the

Plan Comparisons Tax Considerations Other Considerations The premiums are tax deductible to the employer The bonus is currently taxable to the employee The death benefit payable to the employee s beneficiary is income tax free With the employee as policy owner, the death benefit will be includible in his/her estate The bonus made by the employer must be considered reasonable additional compensation for the employee s position in order to be deductible under Section 162 of the Internal Revenue Code. The employer may not be named as owner or beneficiary in order for the premium to be tax deductible to the employer Restrictive Executive The premiums are tax deductible to the employer The bonus is currently taxable to the employee The death benefit payable to the employee s beneficiary is income tax free With the employee as policy owner the death benefit will be includible in his/her estate The bonus made by the employer must be considered reasonable additional compensation for the employee s position in order to be deductible under Section 162 of the Internal Revenue Code. The employer may not be named as owner or beneficiary in order for the premium to be tax deductible to the employer The employer s attorney will need to draw up the employment agreement. (Insurance companies generally provide specimen wording.) Supplemental Executive Retirement Plan premiums are not tax deductible. (For pass through tax entities such as S corporations and LLCs, that means premiums are currently taxable to the owners) contributions are not currently taxable to the employee Death benefit payable to employer is income tax free Benefit payments deductible by employer when paid Retirement and death benefits are taxable to employee and/or beneficiary when paid Value of any death benefit is includible in the employee s estate Generally, this plan is only for C corporations because of the direct tax impact to owners for other types of entities where plan contributions would be included in the owner s taxable income.. In the current economy, the executive s position as an unsecured creditor of the corporation for these benefits may be of concern The employer s attorney will need to draw up a SERP document for each employee covered Section 409A of the Internal Revenue Code creates complex rules that require ongoing monitoring and expertise. To avoid serious penalties if 409A is violated, an experienced third party administrator familiar with the rules should be hired by the employer

The Bottom Line The Non-Owner Key s Executive The arrangement would be used where the is not worried about executive leaving and just wants to reward executive and enhance executive s death and retirement benefits The would like to currently deduct contributions to arrangement Restrictive Executive This arrangement would be considered when the wants to reward executive but wants restrictions in plan to prevent the executive from leaving early with full policy values The would like to currently deduct contributions to the arrangement The is a pass-through entity such as an S corporation or an LLC and does not want to impact the taxable income of the business owners. It is also feasible for C corporations who do not want to have extensive administration costs The Business Owners Owners of Pass Through Entities such as S corporations and LLCs If they do nothing, the excess earnings of the entity will be taxed to them anyway in proportion to their ownership interest They can pull out excess earnings in cash as salary or dividends and use the money to fund a personal insurance policy to provide supplemental income tax free retirement benefits and an income tax free death benefit for their family. Shareholders of C Corporations Generally a bonus arrangement with no restrictions is the choice If they want to defer income and the C corporation has a strong succession plan and little chance of bankruptcy in the future, a SERP with a knowledgeable plan administrator could be considered as long as they are a minority shareholder Supplemental Executive Retirement Plan The wants to reward a highly compensated executive but wants restrictions in plan to prevent executive from leaving The is a C corporation with a separate corporate tax bracket The C Corporation has consistent strong cash flow Succession strategy is in place with multiple generations of competent executives so there is some assurance that the business will still be operational through the retirement years of the executive who is an unsecured creditor in this arrangement Amount of yearly outlay for informal funding justifies additional cost of knowledgeable

The Executive Benefits Plan Decision Policy Ownership / Vesting Cost Recovery No Unsecured Promise Yes Deductibility As Funded As Funded At Retirement Plan Administration Low Medium High Strength of Golden Handcuffs Low Medium High Plan Choice Bonus Restricted Bonus SERP www.berthel.com Phone: (800) 356-5234 4201 42nd Street NE, Ste 100, Cedar Rapids, IA 52402 While this communication may be used to promote concepts discussed in the publication, it is intended to provide general information and is provided with the understanding that Berthel Fisher Companies is not rendering legal, accounting, or tax advice. It may not be used to avoid penalties under the Internal Revenue Code. On all matters pertaining to legal, tax or accounting obligations and requirements, the appropriate counsel or other advisors should be consulted. For Advisor Use Only