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1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012 . . .and the Opportunities The Good The Bad The Ugly . . .

1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

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Page 1: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

1For Producer Use Only. Not for Use with the Public.

Insurance Planning in the New EconomyAmerican Taxpayer Relief Act of

2012

. . .and the Opportunities!

The GoodThe Bad

The Ugly . . .

Page 2: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

2For Producer Use Only. Not for Use with the Public.

Important informationAmerican General Life Companies, www.americangeneral.com, is the marketing name for a group of affiliated domestic life insurers, including American General Life Insurance Company (AGL) and The United States Life Insurance Company in the City of New York (US Life). Please note that AGL and USL are solely the providers of the insurance products. The companies, their employees, agents, representatives, and affiliates do not provide tax, legal, or financial advice.

The intent of this presentation is to communicate the potential benefits of several insurance and estate planning strategies. It is not an exhaustive list of possible advantages and disadvantages for each strategy. It is important to understand that, although every effort was made to ensure the accuracy of the information, the presentation is strictly for illustrative and educational purposes only and no representation or warranty, express or implied, is made by AGL or USL as to the accuracy or completeness of the information. All sample scenarios are hypothetical and software was used for some of the calculations. Many values were rounded to aid in presentation. To determine whether a strategy described herein is appropriate for a client’s situation, refer the client to his/her own tax, legal and financial advisors.

Each agent should verify the accuracy and reliability of the information (federal income tax statutes, rulings, and regulations contained in this material may have changed since this presentation was created). AGL and US Life shall not be liable for any loss or damage caused by the use of, or reliance on, the tax and legal items contained in this material.

To ensure compliance with requirements imposed by U.S. Treasury Regulations, we inform you that any tax advice contained in this presentation (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

©2013. All rights reserved.

AGLC106943 REV0813

Page 3: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

3For Producer Use Only. Not for Use with the Public.

We will discuss Dealing with the changes Congress has

delivered

How to approach all clients and potential clients

Need for life insurance policy review (and audit)

Life insurance sales opportunities

Page 4: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

4For Producer Use Only. Not for Use with the Public.

The Good “Fiscal cliff”

avoided

ATRA signed January 2013

“Permanent” tax law

Page 5: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

5For Producer Use Only. Not for Use with the Public.

The Good “Fiscal cliff”

avoided

ATRA signed January 2013

“Permanent” tax law

The Bad

The process

The “pork”

Omissions

Page 6: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

6For Producer Use Only. Not for Use with the Public.

The Good “Fiscal cliff”

avoided

ATRA signed January 2013

“Permanent” tax law

The Bad The Ugly

The process

The “pork”

Omissions

All income taxes are increased

Page 7: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

7For Producer Use Only. Not for Use with the Public.

Great opportunity abounds –The broad view

Clients’ interest heightens

even when tax change

does not affect them

Page 8: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

8For Producer Use Only. Not for Use with the Public.

Opportunity 1Survivor income factors

Increased income taxes for all

The prospect for higher inflation rates in the future

Decreased interest rates paid on savings

Page 9: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

9For Producer Use Only. Not for Use with the Public.

Opportunity 1

5% Account

2007 Plan in 2013

Becky

Amt: $56K/yrInflation Adj.: 4%Duration: 20 yearsTerry

Terry’s $1M

Policy At Terry’sdeath, policypays $1M

2007 Plan

Becky

Amt: $50K/yrInflation Adj.: 3%Duration: 45 yearsTerry

Terry’s $1M

Policy

7% Account

At Terry’sdeath, policypays $1M

New Coverage Needed: $800K

Current rates make coverage inadequate

Page 10: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

10For Producer Use Only. Not for Use with the Public.

Opportunity 1Where client meeting may lead

For Advisor Use Only. Not for Use with the Public.

Policy review on adequacy of principal (death benefit) to support spouse and children

Review of coverage for“Dual Income” (DINC)households (to replaceincome, pay forchild care)

Beneficiary Reviewfor prospectiveclients

Page 11: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

11For Producer Use Only. Not for Use with the Public.

Opportunity 2Income tax future uncertain

Taxed Never

Taxed LaterTaxed Now

1 The deductibility of an IRA contribution may be phased out if you or your spouse has access to a qualified plan at work.

2 Cash value life insurance policies are subject to Modified Endowment Contract rules that discourage over funding based on face amount, insured's age and other factors. Consult a policy illustration for details.

Page 12: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

12For Producer Use Only. Not for Use with the Public.

Opportunity 2Income tax future uncertain

Page 13: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

13For Producer Use Only. Not for Use with the Public.

Opportunity 3

INCOME TAX ITEM 2012 2013 Federal Capital Gains Rate 15.0% 20.0% PPACA Surtax on Investment Income 0.0% 3.8% Average State Capital Gains Rate 4.1% 4.7% Pease Limitation on Deductions 0.0% 1.2%

Total 19.1% 29.7%

Percent Increase 55.5%

Higher taxation on the sale of appreciated assets

Page 14: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

14For Producer Use Only. Not for Use with the Public.

Opportunity 3Higher taxation on the sale of appreciated assets

5% Account

Current Plan: Sell a $2M Asset with a basis of $250K

Children

$500K in Federal & state taxes

$1.5M net sales proceeds

$75K/year

$1.5M atdeath

Married Couple

Page 15: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

15For Producer Use Only. Not for Use with the Public.

Opportunity 3Higher taxation on the sale of appreciated assetsProposed Plan: Fund CRUT and WRT

Children

$1.5M at death

Married Couple

5% CRUT

Investsproceedsfrom sale

WRT

Survivor Life

Policy

Survivor Life

Policy

$290K tax benefits

$2M stock portfolio

$100K/year

Gifts $18K/year

CHARITY$2M at death

Page 16: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

16For Producer Use Only. Not for Use with the Public.

Opportunity 3Higher taxation on the sale of appreciated assetsThe Results:

Page 17: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

17For Producer Use Only. Not for Use with the Public.

Opportunity 3Factoids

Joint and survivor income

Can be one’s own trustee

More income to client

Create money to pay premium(individual or survivorship life insurance)

Greater inherited wealth

Can choose and change charities

Page 18: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

18For Producer Use Only. Not for Use with the Public.

Opportunity 3Where client meeting may lead

Large life sale forwealth

replacement

Life Insurance Policy

Page 19: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

19For Producer Use Only. Not for Use with the Public.

Opportunity 4Gift asset to child in lower tax bracket

Gift of Capital Asset

Lower capital gains rate

Investment return taxed at lower rate

Discounted after-tax dollars for life premiums

Parents Children

Sale of Capital Asset

Page 20: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

20For Producer Use Only. Not for Use with the Public.

Opportunity 5“Portability” use it or not?

DSUEA – Deceased Spouses Unused Exempt Amount

DecedentSpouse

Surviving Spouse

Unlimited marital deduction

and

(New law)DSUEA

Page 21: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

21For Producer Use Only. Not for Use with the Public.

Why? Save legal fee Doubles

Federal exemption

Gives surviving spouse control

Why not? Beware Not available for

state estate tax No creditor

protection No predator

protection Growth is

taxable Widow(er) can

redirect assets Increased state

estate tax

Must file IRS 706 at first death (federal estate tax form)

Opportunity 5DSUEA: To use or not to use

Page 22: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

22For Producer Use Only. Not for Use with the Public.

Opportunity 6Estate Tax Planning is Alive and Well(especially in Hawaii, Connecticut, New York…)

For many clients, reduced or no federal estate tax

For some clients, increased federal estate tax

For some clients, increased state estate tax

Page 23: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

23For Producer Use Only. Not for Use with the Public.

Opportunity 6States with a state estate taxAs of August 1, 2013

1 Non-resident Hawaiian property owners receive a $1,000,000 exemption.

2 On January 1, 2014, top rate increases to 20% and exemption indexed for inflation.

Reminder:No portability for state estate taxes

ST Exemption Top Rate

CT $2,000,000 12%

DC $1,000,000 16%

DE $5,250,000 16%

HI1 $5,250,000 16%

IL $4,000,000 16%

ME $2,000,000 12%

MD $1,000,000 16%

MA $1,000,000 16%

MN $1,000,000 16%

NJ $675,000 16%

NY $1,000,000 16%

OR $1,000,000 16%

RI $910,725 16%

VT $2,750,000 16%

WA2

$2,000,000 19%

Page 24: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

24For Producer Use Only. Not for Use with the Public.

Opportunity 6States with a state estate tax

Page 25: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

25For Producer Use Only. Not for Use with the Public.

Opportunity 6States with a state estate tax

Page 26: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

26For Producer Use Only. Not for Use with the Public.

Opportunity 6Where client meeting may lead

Need for survivorship policies

Adequacy of survivorship policies

Need for additional single life coverage

The “economics” of existing coverage

Review of ownership & beneficiary designation

Page 27: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

27For Producer Use Only. Not for Use with the Public.

Insurance Planningin the

New Economy

Page 28: 1 For Producer Use Only. Not for Use with the Public. Insurance Planning in the New Economy American Taxpayer Relief Act of 2012...and the Opportunities!

28For Producer Use Only. Not for Use with the Public.

Thank you