Keeping 831(b) Micro-Captives Focused on Insurance Fundamentals

Dustin Carlson

In this episode of The Edge of Risk Podcast by IRMI, Joel Appelbaum speaks with Dustin Carlson, president of the 831(b) Institute, about maintaining the credibility and long-term viability of Section 831(b) micro-captives. The discussion centers on Mr. Carlson's three-part series in Captive Insurance Company Reports outlining proposed reforms aimed at addressing practices that have drawn regulatory scrutiny while preserving legitimate captive insurance programs.

Mr. Carlson explains how the Section 831(b) election allows small insurance companies to exclude underwriting income up to the statutory premium threshold while remaining taxable on investment gains. He outlines concerns around structures used for estate planning, investments such as life insurance or annuities inside captives, and related-party lending practices. The conversation explores practical policy proposals designed to curb abuses while reinforcing insurance fundamentals—such as proper underwriting, claims processes, and governance practices—to ensure micro-captives remain focused on risk management rather than investment or wealth transfer strategies.