August
2004 On-line Tax Planning
Life Insurance Mistakes
There is a story
of a gentleman who had been provided a great opportunity by an insurance
agent acquaintance - a sort of "have your cake and eat it too" kind of an
opportunity.
Here’s how the opportunity played out. First,
this gentleman, let’s call him Mr. WA (for worried and angry), invested $25,000
in a single-premium life insurance policy. This
provided Mr. WA with a death benefit as well as providing instant cash value.
As the cash value of the policy increased, Mr.
WA would also be able to draw a bit more out of his policy - for a short while,
though. Even better was the promise of never
having to pay taxes on the income he would withdraw from the policy.
What a deal! Who
wouldn’t want to jump on this opportunity?
There was one hitch that Mr. WA was either not told or of which he was not fully
informed. You see, this miraculous "opportunity"
was the result of "withdrawing" his cash value in the form of a loan.
The basic idea was that the increase in cash
value through policy dividends would be enough to cover interest due on the loan
each year. Somehow, Mr. WA was unaware that the
loan balance would eventually be so high that the policy dividends would not
cover the interest due; therefore, Mr. WA would be required to come
out-of-pocket with additional interest payments or the policy would be
cancelled. So what? All
that meant was Mr. WA would no longer owe on the loan, right? He
really wasn’t worried - that is until he received a letter telling him he would
have approximately $50,000 in income when the policy was canceled.
Here was Mr. WA’s problem - not every withdrawal from an insurance policy is
tax-free; only the portion of the surrender value of a policy that represents
basis is tax-free. In this sense, life insurance
policies are similar to other investments. Most
times, if you get more than you invest, expect to pay tax - even if you don’t
get the cash. In Mr. WA’s case, he was fine
while he still owed the insurance company for a loan against the value of his
policy. However, the minute the loan was
collected by virtue of the insurance company canceling the debt and in exchange
for the value of the policy, Mr. WA automatically picked up taxable income.
So, what could Mr. WA have done to avoid the tax? In
reality, there was little Mr. WA could do to avoid ultimately paying tax on
policy earnings. While Mr. WA could have paid
enough to keep the loan interest current, and thus the policy in force, short of
dying, there would eventually be some reckoning for the "free" money Mr. WA used
for 20 years.
This life insurance mistake could have been avoided if Mr. WA had understood
that he was really entering into a lending relationship with his life insurance
as the collateral. Unfortunately, this
particular part of the income tax code is considered very little when a policy
is surrendered and that lack of understanding can sometimes be deadly.
Let’s look at another mistake. You know that one
very useful rule in investing is to use money you don’t expect to need for at
least five years. If the investment is part of a
qualified retirement plan, or your IRA, you should expect to keep your hands off
the funds until you retire, or at least until you are 59 ½. The
reason for the former rule is to help you avoid losses by selling at a market
down time and the reason for the latter rule is both to help you avoid losses
and avoid paying a 10% penalty for early withdrawal of funds.
Did you know that these rules pretty much apply to any annuity you purchase?
You might be surprised to learn that along with
the advantages of tax deferred annuities, which generally include a death
benefit and tax deferred savings, there are a few tiny drawbacks.
First of all, you might as well know that the people who sell annuities to you
aren’t in the business for free. In most cases
those selling annuities can expect to receive a commission on the sale of the
annuity somewhere from 5% to 8%. The issuer of
the annuity, which naturally passes the cost on to you, pays the commission.
Sometimes the cost is passed on as a decrease in
return, but most, if not all annuities, penalize you if you withdraw too much
from your annuity during a penalty period. While
there is an amount (generally 10% annually) an issuer will allow you to withdraw
without penalty, any withdrawals exceeding that amount can carry penalties
starting at up to 7%. The longer that you keep
the funds in the annuity, the less the penalty percentage will be.
Given the potential penalties for early withdrawals from an annuity, it’s easy
to see that you should not invest in an annuity if you reasonably believe you
may need the money during the penalty period, but at least the government won’t
penalize you for early withdrawals, right? Since
we asked the question, you know the government has its hands in your annuity
also. In fact, withdrawals from annuities prior
to age 59 ½ still have a 10% penalty in the same way premature withdrawals from
IRAs and qualified plans carry a penalty. Just
imagine, you invest in an annuity, then need the funds immediately - how many
times can you lose 7% on your money and pay a 10% penalty on the earnings?
Let’s take a look at another possible scenario that can cost big bucks when
purchasing an annuity. Take the case of an 85
year-old man who had approximately $500,000 that was languishing in the stock
market. This poor guy would do anything to turn
his losses into a guaranteed income, so when a financial planner sold him
several annuities, he jumped on the chance. What
he was not told was that he would fund the purchase of the annuities with the
sale of his portfolio. Given that most of these
stocks were held for a very long time and had significant gains, the sale of
these securities created a significant tax liability. In
fact, after all was said and done, this client had to cash in $60,000 worth of
U.S. Savings Bonds to pay the taxes due in the year the annuities were
purchased, which cost another $8,000 in state and federal taxes in year two.
Talk about a surprised client!
Still, the security of knowing exactly what his
return would be in the future reduced some of his stress.
Let’s take a look at a deadly mistake many people make in obtaining insurance -
lying on the application. There are many reasons
one might provide false information on insurance applications - lower premiums,
fear of not being issued the insurance, etc. These
reasons pale in comparison to the risk of an insurer finding out you lied on an
application. Let’s assume you get a $1 million
policy to protect your young family if you die. You
are a smoker, but answer that you are a non-smoker. Six-months
later you contract lung cancer and six-months after that, you die.
Upon investigation, the insurance company finds
out your lied on the application. All of a
sudden, the security you thought your family had is gone- all because of one
false statement. The premium savings simply are
not worth the risk. Besides, lying on an
application constitutes insurance fraud.
There are numerous decisions you make in purchasing annuities and other life
insurance related products. This article
mentions only a few that could have severe consequences if you miscalculate.
Do you know what your risks are?
More to the point, do you know what your current
and future needs may be? Many questions you ask
in ordering your financial planning may seem daunting, but don’t let that stop
you. Remember, we are here to help, so don’t
hesitate to give us a call if we can be of assistance.
Tax
Planning Archives
For More Information Contact:
Bucheri McCarty & Metz LLP
2366 W. Boulevard
P.O. Box 2147
Kokomo, IN 46904-2147
Telephone: (765) 236-2300
FAX: (765) 236-2333
Internet:
info@bmmcpas.com
