Borrowing money is a routine and often essential way to do business in America. Businesses often collateralize their loans with certain assets like inventory, equipment or real estate. Or in some cases the collateral may be more indirect such as company profitability, management integrity, and general business assets.
The smaller a business is, the more that management integrity comes into play. This is usually the business owner, the single driving force of the person. He or she is who the lender will be looking at as the essential way that a business will have the ability to repay their loan as well as the interest. But what if the business owner dies?
In order to protect against the business owner’s potential death resulting in a company not being able to repay a loan or portions of it, there are many lenders who will require the business to have life insurance. It’s a logical and simple concept. In the event the business owner should die, life insurance proceeds are used to pay a portion or all of the business’ outstanding debt.
It would seem logical that premiums for these types of insurance policies should be deductible business expenses. However, courts consistently have said that life insurance premiums for securing business debts aren’t deductible. In a key court case it was reasoned that if the owner does live and pays off the loan, the policy becomes a personal asset to the owner. If it’s the corporation that owns a life insurance policy, the same logic applies. Once the debt is paid off, the insurance policy becomes one of the corporation’s general assets. There is one consolation. When a death benefit is received, the proceeds are one hundred percent income tax free. However, when it comes to estate tax proceeds from life insurance are taxable.
Tax Tips For Owners of Closely-Held Businesses
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When it comes to nonqualified deferred compensation (NDC) plans in terms of how they affect family-owned businesses, from a tax perspective they can be either an absolute disaster or great. Joe Owner, for example, is going to receive $350,000 in $50,000 increments over the course of seven years. The amount is often based on the average salary of Joe’s over his last two years employed with the company multiplied by 2.5. Payments will generally start at the time that Joe reaches a certain retirement age or he becomes disabled or dies. If Joe dies the payments that are remaining will go to his beneficiaries.
How is an NDC plan taxed? Nothing is taxed until payments are made. The company will then get a tax deduction as they make the payments. Joe will pay tax as he receives the payments. If the company’s tax bracket is higher than Joe’s, then this can be a great deal. However, if Joe’s tax bracket is high and he happens to die before receiving all the payments, the company’s tax consequences do not change. However the payments that Joe’s family receive get taxed twice: for income tax just as they would have been if Joe was alive, and the second tax is for estate tax. The result is if Joe’s estate tax bracket is 50% and his children happen to be the 40% income tax bracket, after taxes the $100,000 will be reduced to around $30,000.
Instead of setting up an NDC plan, a death benefit only (DBO) plan is a better choice. The main difference between the two plans is that the DBO doesn’t start paying until Joe dies. Estate taxes do not apply to DBO plan payments. The DBO payments due also reduce your business’ value which reduces the estate tax further. Take note that not all rules are covered here.
