AVOID THESE LIFE INSURANCE
MISTAKES
Life insurance can be pretty straightforward for many
people, but the larger your estate the more likely you'll
use life insurance for estate tax and business purposes.
That's when things get complicated and mistakes are made.
Here are some common mistakes to avoid.
Assume life insurance proceeds are free of tax. Yes, the
beneficiary receives the proceeds free of income tax. But
those same benefits may be subject to estate tax. Assume you
have a $1 million estate, including your current life
insurance. The first $675,000 is exempt from estate taxes
unless you've reduced that exempted amount by making taxable
lifetime gifts. The federal tax on the remaining $325,000 of
your estate is $125,250. Assume you buy a life insurance
policy for exactly that amount to cover the taxes. However,
don't forget that the value of that life insurance policy
($125,250) will now be included in your estate, and you'll
pay taxes on it-to the tune of an additional $51,353.
Fail to change ownership properly. One way to exclude life
insurance proceeds from your estate and avoid the estate
taxes is to change who owns the policy. For example, you
might name your adult child as the owner and beneficiary of
the policy, with you as the insured. Another common
technique is to put the life insurance policy inside an
irrevocable life insurance trust. But there are tax traps
you must be careful of here. If you simply transfer
ownership of the policy to the trust or your child, and you
die within three years of the transfer, the proceeds are
included in your estate. You can avoid that by having the
child or trust buy the policy on your life. Whatever way you
transfer ownership, you may have to deal with gift tax
issues assuming you give money to the trust or your child to
pay the premiums.
The main thing is to remember to change the ownership. In a
recent court case, an insured had transferred a $1 million
policy to a life insurance trust but failed to transfer
ownership to the trust (he also died within three years of
the transfer). The mistake cost the insured's heirs $450,000
in estate taxes that might have gone to them if things had
been handled properly.
Misunderstand beneficiary implications. Simply having
someone else own the policy can still cause problems. For
example, a common mistake is to name the spouse the owner of
the policy on the life of the other spouse, and then name
the child (or life insurance trust) as beneficiary. When the
insured dies and the proceeds pass to the child or trust,
the surviving spouse is deemed to have made a gift of the
full value of the proceeds, minus the $10,000 annual
gift-tax exclusion if no other gifts were made in that year.
That's a steep gift tax on a $500,000 or $1 million policy.
Have the child or trust be both owner and beneficiary.
The same problem occurs with C corporations. Say a father
buys a $2 million policy and has his C corporation pay the
premiums. He names the company the owner and his son, also
an owner in the company, the beneficiary. But when he dies
and the proceeds are paid to the son, the proceeds are
treated as dividends paid by the corporation, and thus
taxed. Again, the son or an irrevocable life insurance trust
should own the policy exclusively.
Instruct the life insurance trust. An irrevocable life
insurance trust document that requires the trustee to use
the life insurance proceeds to pay the estate taxes of the
insured could bring the proceeds back into the estate and
subject them to federal estate taxes.
Make improper exchanges. Increasingly popular are
second-to-die policies. These policies pay upon the death of
the surviving spouse, and their premiums are substantially
less than separate policies for the same total amount.
However, exchanges of a couple's separate life policies for
a joint second-to-die policy don't qualify for tax-free
exchanges, and any gains that have accrued in the original
policies would become taxable income.
Fail to double check policy. Make sure the following
mistakes are not part of your application: no contingent
beneficiary, naming a minor as a direct beneficiary and
misstating the date of birth of the insured. Also be sure
your insurance agent understands the complexity of ownership
and beneficiary rules.
This article was produced by the Consumer Affairs Dept. of
The Financial Planning Association and provided to you
courtesy of Nigel B. Taylor, CFP, Santa Monica, California.
If you have any questions or concerns regarding this, or any
other financial topic and are a resident of Southern
California, please call me at 1-800-444-2237 (California
residents only please), or click on the "MORE INFO" button
to arrange for a free initial consultation in the comfort of
your home or office.
 
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