Bridging the Gap Leveraging Life Insurance in Qualified Plans For Producer or Broker/Dealer Use Only. Not for Public Distribution. Agenda • • • • • • Identify potential clients and concerns The strategy: qualified plans, life insurance and tax deductions A case study The split-funded plan approach Exit strategies Action plan Please note: This document is designed to provide introductory information on the subject matter. MetLife does not provide tax and legal advice. Clients should consult their attorney and /or tax advisor before making financial investment or planning decisions. For Producer or Broker/Dealer Use Only. Not for Public Distribution. Identify Potential Clients & Concerns For Producer or Broker/Dealer Use Only. Not for Public Distribution. The Client • • • • • • Older business owner Few employees Additional retirement savings needed Sufficient annual cash flow Insurable Possible transfer tax concerns For Producer or Broker/Dealer Use Only. Not for Public Distribution. The Concern In the first few years I reinvested everything back into the business. I am now reaping the rewards of that sacrifice, but I am so far behind in saving for retirement. I worry I can’t catch up. Assets are generally intended to be sheltered from inclusion in a grantor’s estate May be used to purchase & own single life or survivorship coverage Note: IDIT may be attacked by IRS. Clients should speak with their own legal and tax advisor regarding further details. For Producer or Broker/Dealer Use Only. Not for Public Distribution. The Planning Gap In 2014, the maximum 401(k) contribution is $17,500. A business owner with a salary of $300,000 would defer only 5.6% of his or her salary. (i.e. $17,000/$300,000=5.83%) They would experience a retirement gap of around $30,000. For Producer or Broker/Dealer Use Only. Not for Public Distribution. Additional Concerns for Business Owners • How can I generate larger tax deductions for the business? • Can I protect my business assets from creditors? • What will my business be worth when I retire? • Will my business have to be sold to pay estate taxes? • How do I provide equal inheritances to my children if they have different levels of interest in the business? For Producer or Broker/Dealer Use Only. Not for Public Distribution. The Strategy: Qualified Plans, Life Insurance and Tax Deductions For Producer or Broker/Dealer Use Only. Not for Public Distribution. Defined Benefit Plans • Predetermined benefit at retirement • Contributions vary based on performance • Potential for very large contributions • Contributions are tax-deductible to the business • Investment risk is assumed by employer For Producer or Broker/Dealer Use Only. Not for Public Distribution. Consider Life Insurance In a Retirement Plan • Leverage pre-tax funds to close the retirement gap • Tax deductions • Self-completing • Estate planning • Substitute business value For Producer or Broker/Dealer Use Only. Not for Public Distribution. How Much Can Be Deducted? Answer: It Depends. The purpose of life insurance must remain secondary or “incidental” to the ultimate goal of the plan- retirement income. What does this mean? For Producer or Broker/Dealer Use Only. Not for Public Distribution. What are the Incidental Limits? Defined Contribution Defined Benefit • • Less Than Percentage Tests – Whole Life: Less than 50% of total employer contributions – Universal or Term: Less than 25% of total employer contributions • Seasoned Money • Seeded Money 100 Times Rule – Insured’s death benefit may not exceed 100x expected monthly benefit amount • Revenue Ruling 74-307 (may allow greater life insurance allocation) – DB plan treated as a hypothetical DC plan for purposes of incidental rules – An actuary determines hypothetical individual level premium contribution for each participant – “Less than 50% or 25%" limits are then applied against hypothetical contribution amount for each participant Please Note: In addition, a contract on a participant's life must be converted to cash or an annuity or distributed to a participant at retirement. For Producer or Broker/Dealer Use Only. Not for Public Distribution. Case Study For Producer or Broker/Dealer Use Only. Not for Public Distribution. Case Study Tom, Dentist Profile • Age 50 (standard nonsmoker) • Married with children • 15 years until retirement • 35% tax bracket • Significant and steady annual cash flow • Few employees Concerns • Retirement income • Wants greater income tax deductions • Seeking strategy to replace lost business value at retirement • Need for additional For Producer or Broker/Dealer Use Only. Not for Public Distribution. estate liquidity Evaluating the Proposed Strategy Three most important questions 1. What are the annual “out of pocket” costs? 2. If Tom dies before retiring, how much of the policy’s death benefit will remain tax-free? 3. What is the tax impact if the policy is distributed to Tom at retirement? For Producer or Broker/Dealer Use Only. Not for Public Distribution. Pre-Retirement Tax Costs $1 million policy Employee After Tax Out of Pocket Cost This example is hypothetical. Actual results will vary. For Producer or Broker/Dealer Use Only. Not for Public Distribution. Income Tax Free Death Benefit By Year Retirement For Illustrative Purposes Only. MetLife Promise Whole Life 120 Age 50 Standard $20,430 annual premium-Guaranteed This example is for illustration purposes only. Please see full personalized illustration for additional details. For Producer or Broker/Dealer Use Only. Not for Public Distribution. At Retirement – Age 65 $275,000 Fair market value of the policy $ 78,251 Cumulative taxable insurance costs $196,749 Actual Taxes Paid: $68,862 For Producer or Broker/Dealer Use Only. Not for Public Distribution. Summation - Putting the Pieces Together For Producer or Broker/Dealer Use Only. Not for Public Distribution. The Split-Fund Plan Approach For Producer or Broker/Dealer Use Only. Not for Public Distribution. The Split-Funded Plan Approach • Benefits funded through a combination of insurance contracts and investments • May provide for additional contributions to owners while meeting IRS coverage tests • Often used in combination with a profit sharing plan * ** MetLife. Quick Facts: Full Year 2009 Based on life insurance in-force as of December 31, 2008. For Producer or Broker/Dealer Use Only. Not for Public Distribution. Case Study Richard and Jane, Business Owners Owners • Richard, age 52 • Jane, age 52 • Both active in the business Existing Profit Sharing Plan • Maximizes contributions, $52,000 in 2014 Goal • Increase overall deductions • Minimize funding costs for employees For Producer or Broker/Dealer Use Only. Not for Public Distribution. Case Study For Producer or Broker/Dealer Use Only. Not for Public Distribution. Case Study For Producer or Broker/Dealer Use Only. Not for Public Distribution. Case Study For Producer or Broker/Dealer Use Only. Not for Public Distribution. Case Study For Producer or Broker/Dealer Use Only. Not for Public Distribution. Exit Strategies To ensure the best outcome for the participant, a well-designed exit strategy is essential. Why? When? Tax Impact? Planning Objective? For Producer or Broker/Dealer Use Only. Not for Public Distribution. Exit Strategy Options 1. Liquidation 2. Rollout/distribution 3. Sell the policy to the participant 4. Sell the policy to a Grantor Trust For Producer or Broker/Dealer Use Only. Not for Public Distribution. Exit Strategy #1 Liquidation of the Policy within the Plan Qualified Plan Surrender Policy Cash Surrender Value Considerations: 1) No tax implications to participant 2) Meets income objective of the plan 3) Participant loses life insurance coverage For Producer or Broker/Dealer Use Only. Not for Public Distribution. Insurance Company Exit Strategy #2 Distribution of the Policy from the Plan Policy Qualified Plan Participant Gift of Policy ILIT Considerations: 1) Reduces retirement income from plan 2) Fair market value 3) 10% premature distribution penalty prior to age 59 ½ 4) Transfer tax implications For Producer or Broker/Dealer Use Only. Not for Public Distribution. Exit Strategy #3 Sell the Policy to the Participant Policy Qualified Plan Participant FMV Purchase Gift of Policy ILIT Considerations: 1) No 10% penalty 2) Meets income objective of the plan 3) Fair market value - No Cumulative Reportable Economic Benefit (CREB) 4) Transfer tax implications For Producer or Broker/Dealer Use Only. Not for Public Distribution. Exit Strategy #4 Sell the Policy to a Grantor Trust Qualified Plan Participant Policy Gift of Policy Purchase Policy for FMV ILIT Considerations: 1) No 10% penalty 2) Meets income objective of the plan 3) Fair market value (no CREB offset) 4) Transfer tax implications For Producer or Broker/Dealer Use Only. Not for Public Distribution. Action Plan For Producer or Broker/Dealer Use Only. Not for Public Distribution. The Value of Working with a TPA Benefits for The Trustee Benefits for the Producer • Actuarial administration and plan valuation • • Legal and compliance oversight ensures tax code validity Enables you to enter business owner market with no financial or administrative overhead • • Consultant role with clients, attorneys and CPAs Full Third Party Administration services including documentation and implementation • May help you increase case size • Employee statements and communication • Creating proposals and census administration For Producer or Broker/Dealer Use Only. Not for Public Distribution. Implementing Life Insurance in Qualified Plans 1. Identify and qualify clients 2. Schedule time for client meetings and discuss approach 3. Formalize goals, contribution abilities, employee census and insurability to determine appropriate plan type 4. Work with third party administrator to establish the plan 5. Apply for insurance contracts and determine other investments For Producer or Broker/Dealer Use Only. Not for Public Distribution. The MetLife Brand • One of America’s largest financial companies with roots as far back as 1863 • Serves over 90 of the top one hundred FORTUNE 500® companies* • Recognized as the Nation’s Largest Life Insurer** * MetLife Worldwide corporate profile 2011 **Based on life insurance in force. Metlife 2011 For Producer or Broker/Dealer Use Only. Not for Public Distribution. Important Information Pursuant to IRS Circular 230, MetLife is providing you with the following notification: The information contained in this document is not intended to (and cannot) be used by anyone to avoid IRS penalties. This document supports the promotion and marketing of insurance products. Your clients should seek advice based on their particular circumstances from an independent tax advisor. MetLife, its agents and representatives may not give legal or tax advice. Any discussion of taxes herein or related to this document is for general information purposes only and does not purport to be complete or cover every situation. Tax law is subject to interpretation and legislative change. Tax results and the appropriateness of any product for any specific taxpayer may vary depending on the facts and circumstances. You clients should consult with and rely on their own independent legal and tax advisers regarding their particular set of facts and circumstances. Prospectuses for Equity Advantage Variable Universal Life, and for the investment portfolios offered thereunder, are available from MetLife. The policy prospectus contains information about the policies features, risks, charges and expenses. Investors should consider the investment objectives, contract features, risks, charges and expenses of the investment company carefully before investing. The investment objectives, risks and policies of the investment options, as well as other information about the investment options, are described in their respective prospectuses. Clients should read the prospectuses and consider this information carefully before investing. Product availability and features may vary by state. MetLife life insurance policies have limitations, exclusions, charges, termination provisions and terms for keeping them in force. There is no guarantee that any of the variable investment options in this product will meet its stated goals or objectives. The cash value is subject to market fluctuations so that, when withdrawn, it may be worth more or less than its original value. Guarantees are based on the claims paying ability and financial strength of the issuing insurance company. Life insurance products are issued by MetLife Investors USA Insurance Company and in New York only, by Metropolitan Life Insurance Company. All guarantees are based on the claims-paying ability and financial strength of the issuing insurance company. Variable products are distributed by MetLife Investors Distribution Company (MetLife Investors), Charlotte, NC. May 2014 Insurance Products are: • Not A Deposit • Not FDIC-Insured • Not Insured By Any Federal Government Agency • Not Guaranteed By Any Bank Or Credit Union • May Go Down In Value BDVL23818 L0514374418[0515] © 2014 METLIFE INC. PEANUTS © 2014 Peanuts Worldwide For Producer or Broker/Dealer Use Only. Not for Public Distribution.