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  • 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.
  • 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.
  • 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.
  • 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.
  • 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!
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  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
  Court Ruling Gavel

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
  Washington State 480x377

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
  Businesswoman with Questions-SF

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
  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
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