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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.
  • 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.
  • 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.
  • "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.
  • 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.
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  Man holding red X

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
  Planning

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
  NCCIA 2018 Conference-Microsoft Session-SF

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
  OECD Flag 2-SF

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
  Bruce Wright Featured Video-SF

Captive Insurance and Direct Placement Taxes Explained

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
  Cease and Desist 480x377

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
  Tax Stamp 480x377

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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