Bruce Wright

Captive Insurance Compliance and Direct Procurement Taxes

Bruce Wright, partner at Eversheds Sutherland (US) LLP, discusses direct procurement taxes in the context of captive insurance. Most states have a statute that is either a direct placement statute or an industrial insured statute. An ongoing issue for captive insurers is the compliance concern with direct placement taxes.
March 13, 2019 Read More
  Bruce Wright

Captive Insurance and State and Local Income Tax Issues

According to Bruce Wright of Eversheds Sutherland, state and local income taxes are an evolving issue that concerns captive insurers. He says some states are challenging whether a captive insurer's income should be included with combined income when determining the overall income tax of the parent.
February 11, 2019 Read More
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Reserve Mechanical Contemplation and Further Discussion

Alan Fine of Brown Smith Wallace contemplates the conclusions reached and supporting rationale used by the US Tax Court in the second small captive case, "Reserve Mechanical Corp. v. Commissioner of Internal Revenue," and believes there are a few areas that continue to warrant discussion.
January 31, 2019 Read More
  Tax Building Blocks-SF

Proposed Regulations Clarify the BEAT and FATCA

The Department of the Treasury and the Internal Revenue Service issued two sets of proposed regulations that clarify the application of the base-erosion anti-abuse tax (BEAT) and the treatment of insurance premiums under the Foreign Account Tax Compliance Act (FATCA). Eversheds Sutherland explains the proposed regulations and offers key takeaways.
January 16, 2019 Read More
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Captive Insurers Allowed 18 Months To Self-Report to Washington State

Washington State Insurance Commissioner, Mike Kreidler, has offered captive insurance companies that have "unlawfully" insured any risk in Washington State in the past 15 years the chance to pay a substantially reduced fine and premium tax penalty for self-reporting this activity.
December 11, 2018 Read More
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What Is a Micro-Captive?

A micro-captive is a small captive insurance company that may be taxed under Internal Revenue Code § 831(b) and may pay tax on investment income only. What is a micro-captive? Read further to find out!
November 19, 2018 Read More
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Reserve Mechanical, Part II: Motion for Reconsideration Denied

P. Bruce Wright and Saren Goldner extract the salient features of the US Tax Court's denial (without comment) of the taxpayer's motion for reconsideration in the "Reserve Mechanical" case. In order to seek any further relief, the taxpayer will need to appeal the case.
September 21, 2018 Read More

Small Captive Insurance Program Exit Planning

After two consecutive losses for taxpayers involved in small captive insurance programs, some may consider exiting their small captive insurance program. Exiting a captive, however, may be time consuming and expensive. Many captive owners will need to take into account numerous issues and make some difficult decisions.
September 04, 2018 Read More
  Veto Stamp

Illinois Governor Supports Captive Provisions in Vetoed Legislation

Governor Bruce Rauner vetoed legislation Sunday that would set new minimum capital and surplus requirements for captive insurance companies licensed in Illinois. The governor said he supported the captive provisions in the legislation to make Illinois more attractive to companies using captive insurance.
August 27, 2018 Read More
  Tax Burden-SF

"Micro-Captive" Tax Updates from the North Carolina Captive Conference

At the North Carolina captive conference, Charles "Chaz" Lavelle, senior partner, Bingham Greenebaum Doll LLP, discussed Internal Revenue Code Section 831(b) changes over the last year.
August 24, 2018 Read More
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Microsoft's Captive Tax Issues Not Applicable in Most Other States

At the North Carolina captive insurance conference, Bruce Wright, a partner at Eversheds Sutherland (US) LLP, shared some insights surrounding Microsoft Corporation's Arizona captive insurance company (Cypress Insurance Company) payment of more than $875,000 for unpaid premium taxes and interest and penalties to the state of Washington.
August 23, 2018 Read More
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Transfer Pricing and Captive Insurance: The Importance of Substance

Transfer pricing is the number one international tax issue facing multinational enterprises. For tax purposes, transfer prices should be determined in accordance with the arm's-length principle. The arm's-length principle also applies to captive insurance and whether insurance premiums paid to a captive insurance company are arm's length or not.
August 22, 2018 Read More
  Tax Laws 2-SF

Microsoft Settles, Washington Asks Captives To "Pay Their Fair Share"

Microsoft Corporation's Arizona captive insurance company will pay more than $875,000 for unpaid premium taxes and interest and penalties, ending a cease-and- desist order issued in May by State of Washington Insurance Commissioner Mike Kreidler.
August 15, 2018 Read More
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An Explanation of Captive Insurance and Direct Placement Taxes

Bruce Wright of Eversheds Sutherland explains the Dodd-Frank legislation and direct placement taxes. Direct placement taxes (direct procurement taxes) apply to surplus lines placements as well as placements with any nonadmitted company, such as a captive insurer. The "home state" controls where the payment of this tax is concerned.
August 15, 2018 Read More
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Update from Vermont on the Microsoft Captive Cease and Desist Order

Read about what was said at the recent Vermont Captive Insurance Association Annual Conference surrounding the order from the Washington State Office of the Insurance Commissioner, which told Microsoft's wholly owned Arizona captive insurer to cease and desist transacting insurance business in the state and stop soliciting and writing insurance coverage for Washington insureds.
August 10, 2018 Read More
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953(d) Elections—The Basics

An article from Saren Goldner and P. Bruce Wright, partners in the tax department of Eversheds Sutherland (US) LLP, provides a basic overview of requirements, procedures, and compliance aspects surrounding the 953(d) election.
July 31, 2018 Read More
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Capstone Part 2: Commentary on "Reserve Mechanical" Policy Pricing

Capstone Associated Services, Ltd., focuses on policy pricing in its second follow-up commentary about the "Reserve Mech. Corp. v. Commissioner" case.
July 11, 2018 Read More
  Stewart Feldman

Tax Challenges for Captive Insurers

Stewart Feldman, CEO of Capstone Associated Services, says that captive insurance taxation issues concern three areas: 1) risk transfer, 2) risk distribution, and 3) common notions of insurance. For a captive, the focus should be on the insurance aspects of the transaction with the financial and tax aspects being secondary.
July 11, 2018 Read More
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A.M. Best Revisits Tax Law Impacts on Captive Insurer Ratings

A.M. Best said that the impact of tax reform is generally a positive for US-domiciled captives and a mixed bag for offshore captive insurance companies, though in some cases, it is a positive for offshore captives that have made the section 953(d) election under the Internal Revenue Code.
June 29, 2018 Read More
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Capstone: "Does Captive Insurance Exist after the 'Reserve' Decision?"

Capstone Associated Services, Ltd., provides additional commentary about the Reserve Mech. Corp. v. Commissioner case in a piece titled, "Does Captive Insurance Exist after the 'Reserve' Decision?"
June 28, 2018 Read More