This is a complicated topic and one best discussed with the partner handling your account.
There are many times a business should have life insurance on owners. The rules are complicated, and this post is discussing the general rules only.
We most often see life insurance with companies with more than one owner. The company often takes out life insurance on all owners as part of a buy/sell agreement. It is important the buy/sell agreement has a detailed method for valuing the business in the event of the death of one of its owners. Seriously, ensure this is well written and part of your legal agreements.
For example, maybe the business has three equal owners. Maybe the business value is determined to be cash basis revenue over the last 365 days. Maybe the owners want to make sure that if one owner dies:
Their estate receives a fair and pre-determined amount for their business interest.
AND
Then the deceased owner no longer owns any of the company.
Each situation is different; often what is done is the business takes out some type of level term life insurance (level term means even payments over the course of the policy) and the company is named the beneficiary of at least enough of the policy to cover the value of the business. Sometimes over time the beneficiaries change, and you need to check your beneficiaries and make sure they are correct on everything you own. Sometimes the amounts paid to the business change as a business grows. Sometimes the business outgrows the amount of life insurance you have and more must be put into place.
Please remember life insurance becomes far more expensive as you age and as you age you may have a health event that makes you uninsurable.
In most cases, the life insurance premiums are a non-deductible business expense. Again, this is complicated.
Most of the clients we have with life insurance have life insurance only for the owners and it is for the reasons outlined above. This is a non-deductible business expense. That being said, if you follow all of the rules, the life insurance proceeds paid out to the company upon death are also not taxable. This is a big deal!
To make the proceeds not taxable on life insurance proceeds:
The business must treat the premiums as a non-deductible business expense AND
The business must annually report the life insurance to the IRS on Form 8925 AND
Various consent forms and disclosures must be made in writing.
Life insurance is a big deal.
If you have questions, please reach out to the partner handling your account.
Mike Sylvester, CPA
SBS CPA Group promises to execute an amazing customer experience through service and communication. We guarantee to make sure your needs are met. Questions about our services are welcome and encouraged!
Helpful Links
Contact Information
All Rights Reserved | SBS CPA Group, Inc.