The business typically owns the policy, pays the premiums, and is the beneficiary. Most businesses purchase key-person insurance as a permanent life insurance policy; however, term life insurance may be less expensive and can be bought to cover the key person until he or she retires. The policy can be then transferred to the departing employee as a retirement benefit or to a different key person, upon the retirement of the original key person.
Key-person insurance benefits are often used to buy out the insured person's shares or interest in the company. Buy-sell agreements, which require the deceased executive's estate to sell its stock to the remaining shareholders, legally facilitate this process. Proceeds from key-person insurance can also be used to recruit replacement management.
The following form contains some critical questions you should ask your agent or broker when considering this type of insurance.
Checklist - Key Employee Life Insurance
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FAQ
You won't receive a 1099 for life insurance proceeds because the IRS doesn't consider the death benefit to count as income.
Though key person life insurance premiums aren't tax deductible, the proceeds of the policy are usually provided to the company free of income tax.
Key person Insurance is a life insurance policy a company buys on the life of a top executive or other critical individual. Such insurance is needed if that person's death would be devastating to the future of the company.The company pays the insurance premiums and is the policy's beneficiary, should the person die.
Company owned life insurance regulations:Companies are still able to take out life insurance policies on the highest paid 35% of employees, but the employees must now provide their written consent. And the companies may no longer continue to keep those policies after the employee discontinues working for them.
Is Key Person Insurance Tax Deductible? According to the Internal Revenue Service (IRS), premiums paid for a life insurance policy are not a deductible expense on a business' federal income taxes.
Key man insurance is simply life insurance on the key person in a business.Here's how key man insurance works: A company purchases a life insurance policy on the key employee, pays the premiums and is the beneficiary of the policy. If that person unexpectedly dies, the company receives the insurance payoff.
Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received.
Using Life Insurance Trusts to Avoid Taxation A second way to remove life insurance proceeds from your taxable estate is to create an irrevocable life insurance trust (ILIT). To complete an ownership transfer, you cannot be the trustee of the trust and you may not retain any rights to revoke the trust.
Life Insurance and Consent Not only do you need to prove insurable interest to buy life insurance on someone, you also need their consent. It would be nearly impossible to buy life insurance on someone without them knowing because most insurance companies will require a medical exam from the insured person.
