Taxation

  Inflation Rising-SF

831(b) Premium Adjustment for Micro-captives in 2018

The Internal Revenue Service's first annual inflation adjustment for the Section 831(b) tax election has increased the premium limit for micro-captives to $2.3 million. Effective in 2017, H.R. 34 increased the maximum premium revenue allowable from $1.2 million to $2.2 million, allowing for inflation adjustments in subsequent years.
January 05, 2018 Read More
  Bruce Wright

How the 2017 Tax Law Affects Captive Insurers

Following the passage of the Tax Cuts and Jobs Act by the US Congress, Captive.com met with Bruce Wright of Eversheds Sutherland to document his take on the primary impacts of the tax law on the captive insurance industry. According to Mr. Wright, a number of the law's provisions may affect captives.
January 03, 2018 Read More
  Blind Justice-SF

Avrahami Motion for Reconsideration: "No Such Luck"

On September 21, 2017, in a motion for reconsideration, the Avrahamis asked Judge Mark V. Holmes to reconsider his August 21, 2017, decision in "Avrahami v. Comm'r and Feedback Ins. Co., Ltd. v. Comm'r," 149 T.C. 7 (2017). Responding to the motion, the judge issued an order on November 14, 2017, that denied the motion.
November 27, 2017 Read More
  tax wooden blocks with gavel SF

"Notice 2016–66 Remains Intact" as Court Dismisses CIC and Ryan Lawsuit

On November 2, 2017, just over 1 year to the day after the Internal Revenue Service (IRS) issued Notice 2016–66, Judge Travis R. McDonough dismissed the CIC Services, LLC, and Ryan, LLC, lawsuit that sought to enjoin the IRS from enforcing the notice.
November 08, 2017 Read More
  Tax Reform-SF

Eversheds Sutherland Observations on the Unified Tax Framework

Eversheds Sutherland provides its observations on the Republican unified tax framework. The framework is intended to serve as a "template" for the tax-writing committees, the House Ways and Means Committee, and the Senate Finance Committee to draft tax reform legislation.
October 04, 2017 Read More
  Businessman Checking Check Box

A Checklist for 831(b) Captives in Light of the Avrahami Tax Case

This 5-part checklist lays out a set of fundamental policies and practices 831(b) captives should follow. While the Avrahami 831(b) captive tax case may have been unique, owners need to be following essential protocols. In doing so, they are much less likely to find themselves the subject of an IRS audit.
September 27, 2017 Read More
  Golden scales of justice in front of an American flag with yellow fringe

Tom Jones Finds Taxpayer-Positive Interpretation of "Avrahami" Decision

While the US Tax Court's "Avrahami" decision qualifies as a taxpayer loss, Tom Jones of McDermott Will & Emery finds positive elements to the decision. He says along the larger continuum of tax concerns relating to captives, the decision provides further clarity and should benefit larger captives.
August 31, 2017 Read More
  Gavel and Tax Blocks-SF

Lessons Learned from the "Avrahami" Case

Much has been shared, and many lessons can be learned from "Avrahami v. Comm'r" and "Feedback Ins. Co., Ltd. v. Comm'r," 149 T.C. 7 (2017). Jeremy and Richard Colombik provide their take on the lessons learned from the case.
August 30, 2017 Read More
  tax wooden blocks with gavel SF

Court Concludes Tax Elections Invalid in Avrahami and Feedback Decision

On August 21, 2017, the US Tax Court decided two companion cases, Avrahami v. Commissioner and Feedback Insurance Company, Ltd., v. Commissioner, 149 T.C. No. 7, which involved issues around the formation and operation of a captive in Saint Kitts and elections under Internal Revenue Code sections 953(d) and 831(b).
August 22, 2017 Read More
  Martin Eveleigh

What Are the Financial Benefits of a Deductible Reimbursement Policy?

An operating company may achieve immediate financial benefits by using a captive insurer to issue a deductible reimbursement policy for its high deductible retentions. The tax implications for reimbursement policies for high deductibles are explained in this video by Martin Eveleigh of Atlas Insurance Management.
August 09, 2017 Read More
  Gavel and Dollars-SF

IRA Tax Ruling Favors Captive Insurance

Management Services International (MSI) recently analyzed the "Summa Holdings, Inc. v. Comm'r" case decided and filed in February. In its analysis, MSI asks us to consider if this individual retirement account (IRA) tax ruling has favorable implications for the captive insurance industry and moves to the conclusion that the answer is affirmative.
June 26, 2017 Read More
  Tax Calculator and Pen SF

What Is a Reciprocal Insurance Company, and How Is It Taxed?

A reciprocal insurance company is an arrangement through which mutual promises of the participants are exchanged with respect to their insurance risks. While not a separately incorporated company, it is characterized as an insurance company for federal tax purposes.
March 01, 2017 Read More
  Tax Laws-SF

Direct Procurement Taxes: A Primer for Captives

Direct procurement taxes, also known as self-procurement taxes, are imposed by many states when an insured purchases insurance from an insurer not licensed in the state. These taxes can drive up the cost associated with buying insurance from a captive. This article is a primer on direct procurement taxes and how they operate.
February 22, 2017 Read More
  IRS Dirty Dozen-SF

Captives Once Again Make the IRS "Dirty Dozen" List

For the third consecutive year, what it calls "abusive micro-captives" make an appearance on the IRS's annual "Dirty Dozen" list of tax scams in 2017. This article points out some important distinctions in the messaging around the IRS's 2017 announcement as compared to last year.
February 20, 2017 Read More
  Tax Building Blocks-SF

The Basics of the 831(b) Election for Captives

Section 831(b) of the Internal Revenue Code may be elected by qualifying captives to exempt the captive insurer's underwriting profits from federal income tax. This article discusses the prerequisites that must be met as well as the transactions of interest reporting requirements.
January 25, 2017 Read More
  Accounts Filing Forms-SF

What Is FATCA, and How Do Captives Handle It?

This article discusses the Foreign Account Tax Compliance Act (FATCA) and how FATCA's requirements affect captives. FATCA's provisions operate to encourage compliance with US information reporting requirements by imposing a withholding tax on those that fail to comply.
January 18, 2017 Read More
  Tax Calculator and Pen SF

Taxation of Single-Parent Captives: A Basic Guide

One common captive structure is an insurance company owned by a single US corporation (a "single-parent captive"), which insures the risks of its parent and/or brother/sister companies. In some cases, single-parent captives cover risks of third parties as well as related party risk. The US federal income tax treatment of a single-parent captive and its owner depends in part on whose risk the captive insures and on whether the captive is a US company or a non-US company. This article summarizes the basic tax rules applicable to single-parent captives and their owners in various situations.
January 12, 2017 Read More
  Accountant-SF

When Are Premiums Paid to a Captive Insurance Company Deductible for Federal Income Tax Purposes?

Generally, premiums paid for insurance are deductible for federal income tax purposes in the year paid if the policy is an annual policy and are amortized over the policy period for a multiyear policy. In addressing the question of when premiums paid to a captive insurance company are deductible for federal income tax purposes, the key determination is whether the coverage provided by the captive will be respected as insurance for federal income tax purposes. A number of factors need to be taken into account when making that determination.
January 04, 2017 Read More
  IRS Building

IRS 70 Percent Loss Ratio for 831(b) Captive Insurers—Reasonable?

One of the sections in recent Internal Revenue Service (IRS) Notice 2016-66 that may be of concern to all captives, as well as commercial insurers, is the implication that an 831(b) captive with a loss and loss adjustment expense (LAE) ratio of less than 70 percent may not be an “insurance arrangement.”
November 10, 2016 Read More
  Tax Key

Disclosure of 831(b) Transactions of Interest Required by IRS in Notice 2016-66

IRS declares 831(b) captives as transactions of interest requiring specified information disclosure in Notice 2016-66.
November 03, 2016 Read More