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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 . . .
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
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
4For Producer Use Only. Not for Use with the Public.
The Good “Fiscal cliff”
avoided
ATRA signed January 2013
“Permanent” tax law
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
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
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
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
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
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
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.
12For Producer Use Only. Not for Use with the Public.
Opportunity 2Income tax future uncertain
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
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
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
16For Producer Use Only. Not for Use with the Public.
Opportunity 3Higher taxation on the sale of appreciated assetsThe Results:
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
18For Producer Use Only. Not for Use with the Public.
Opportunity 3Where client meeting may lead
Large life sale forwealth
replacement
Life Insurance Policy
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
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
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
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
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%
24For Producer Use Only. Not for Use with the Public.
Opportunity 6States with a state estate tax
25For Producer Use Only. Not for Use with the Public.
Opportunity 6States with a state estate tax
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
27For Producer Use Only. Not for Use with the Public.
Insurance Planningin the
New Economy
28For Producer Use Only. Not for Use with the Public.
Thank you