An Insurance LLC is a limited liability company (LLC) created to own and manage one or more life insurance policies to help meet the obligations under a buy-sell agreement. The Insurance LLC is a new business entity formed under local law, separate and apart from the business or businesses that are subject to the primary buy-sell obligations. Since the Connelly ruling, Advisors are looking for ways to provide a funding arrangement for buy and sell agreements and the Insurance LLC is another way of providing for the buy and sell arrangements.
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Connelly was a hard case to digest as most of us who have been around the planning world for an exceptionally long time. We took the consequences of funding a stock redemption agreement as very normal. As normal as “cutting the end of the ham first.”
We are now forced to rethink this situation after the ruling, care must be taken when arranging the Buy and Sell Agreement and funding of a company, to avoid the results we have seen in Connelly.
Today I will bring you through a few options that advisors and business owners may consider when planning the transition of business interests.
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After the 2017 Jobs Act, many of us (estate and business planners), had to shift our planning topics to moderate estate, Medicaid and income tax planning.
Many of the tools we used prior to the 2017Jobs Act were often used in the planning process, simply because more business owners were affected and exposed to the Federal and State Estate Tax System. Consequently, more sophisticated strategies were needed to shift value, freeze value, or shelter value from the estate.
Once the Jobs Act came into play, the exemption amounts eliminated many small business owners from the problem of estate taxation.
However, with part of the Jobs Act heading for Sunset, we may see more businesses becoming exposed to Federal and State estate taxation.
Time to go to the shed if you want to play in this market.
This video will help guide you to some of the areas of planning you will have to dust off and rekindle for use.
Download your Free Business Guide which will help explain many of the topics discussed. Immediate download, CLICK HERE!
The elephant in the room is about the four major questions that need to be asked by a business owner and advisors for the business owner to avoid failure of the business. The four major questions are.
What happens to the business if you die become disabled or want to retire?
What happens to the business if you lose your key person or key group to competition, or they leave?
What happens to your business if you have a bad economy and cannot make cash flow to support the business?
What happens if you burn out and want to leave the business?
I cover these four areas in this video.
The major question:
How Will the Failure of the Business Affect Your Family!
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Before the advisors can give you their opinion, they need to know whether the problem is permanent or temporary. See, buying term insurance when the problem is permanent is like wetting the bed, eventually you will have to get up and change the sheets.
Not only does the insurance broker have to ask tough questions about the coverage, but also the other advisors that are part of the team.
Too often, advisors knee jerk to one type of plan because of the lack of information they have, or their misconceptions of coverage. In many cases, the knee jerk suggestion is the wrong one.
This video covers some important points of what is needed to make the right decision about the coverage.
Questions such as:
How long will the problem exist
Age of the insured
Is the problem permanent like tax liability or does it have a predictable ending date
Actual cost when comparing the value of cask value
Renewal rates in the future
conversions of coverage – is the coverage convertible
cash flow predictable
Is the problem a reoccurring one
ENJOY your FREE Business And Estate COMPREHENSIVE GUIDE – CLICK TO DOWNLOAD
Thomas J. Perrone, CLU, CIC – NEW ENGLAND CONSULTING GROUP OF GUILFORD, INC
Growing value in your business can create tremendous wealth, however, only 15-30% of the small businesses will sell, which creates the “if factor”, the unknown.
The percentage of sales is lower for the smaller owned business, more like 15%.
Building your business to its highest potential value is possible by having guidelines of what must be done as you grow the business.
To hedge the “what if’s” of selling it, you can use the cash flow of the business to create other assets such as executive compensation and qualified benefits and plans.
Many owners neglect to consider these options and end up with too much wealth in their business, causing liquidity and tax problems when they leave, die or become disabled. This presents the problem of “how do you get your wealth out of your business on a tax advantaged method” when you want to leave the business and you need it?
Building Your Business to Sell in The Future!
Here is a list of strategies that will help in growing a robust business and greatest potential value.
Develop value drivers
Create a culture- employees come to you because of it
Develop a middle management
Systematize your business
Customer diversification
Avoid being dependent on a few customers for your sales
Marketing plan- and always update it and analyze it
Focus on growth of revenue, lowing of costs
Protect yourself from litig
Make sure you protect yourself such as
Fund your Buy & sell agreements, bank loans, audit your liability insurance, protective documents, etc.
Have a strategy to sell or transition your business, such as growing the middle management, and key people to step in and run the company, or even buy it. This is a long-term process, but you must put things in order and work on strategies to get the greatest potential value from the business.
When Considering Using Your Business Cash Flow to Develop Executive Compensation and Other Benefits,
Such as:
Executive Compensation plans, where the company contributes to the plan, and you as owner pay as little as 2% in taxes on the contribution.
Salary Continuation and deferred compensation arrangements for you.
Deposit into your company’s retirement plan (like 401k, profit sharing, 403b, etc.). However, if you are a “high earning business owner”, do not load up on 401k contributions and other contributory plans as the tax consequences are severe.
Make sure your buy and sell agreements are funded and updated. Make sure they cover at least the seven major triggers(death, disability, voluntary and non-voluntary termination, divorce, bankruptcy, retirement).
Have critical illness plans set up such as medical reimbursement plans, disability, and health coverage.
Tie your major Key group to your company as they are the value of the company and contribute to the cash flow of your company, allowing you to implement these strategies.
Create vested benefit schedules to keep them with you
Have a company evaluation /appraisal periodically.
Focus your attention on growing sales, as all things point to sales revenue.
Executive Compensation Is a Fantastic Way to Extract the Value of Your Company on a Tax-favored Basis, And Not Tie It Up in Your Company, Having It Available to You When Needed.
There are but a few thoughts concerning building wealth through your business while building your business.
If you would like to receive my report on the “JFK ERA BENEFITS THAT CREATED SUBSTANTIAL WEALTH FOR BUSINESS OWNER”, CLICK THE link and it will download. This benefit was around in the 50’s, but only for the bigger companies, now it is available to the smallest of businesses, and may be one of the greatest business owner benefits available. CLICK JFK
An executive bonus arrangement is a method of compensating selected key employees in which the employer pays the premiums of a life insurance policy covering the employee’s life.
How the Plan Works
●Life insurance policy: The employee purchases, and is the owner of, a life insurance
policy on his or her own life. The employee retains – at all times – the right to name
the policy beneficiary and to receive the death benefit.
●Employer not a beneficiary: The employer cannot be the beneficiary, either directly or
indirectly, of the insurance policy.
●Written agreement: A written agreement provides for payment of a “bonus” in
exchange for the employee’s agreement to continue working for the employer. The
employer may also wish to pay a “double bonus” to help cover the employee’s
additional income tax liability.
●Premium Payments: The employer may make the premium payments directly to the
life insurance company, or the payments may be included in the employee’s paycheck,
with the employee paying the premiums.
●Tax treatment – employee: The employee includes in current income – and pays tax
on – the net premium paid by the employer.
●Tax treatment – employer: Subject to the “unreasonable compensation” rules, and as
long as the employer has no interest in the policy, the additional compensation is
deductible to the employer as an ordinary and necessary business expense.
Benefit to Employer
Benefit to Executive
Can reward selected key executives with varying coverage amounts.
The executive owns the policy. If he or she changes Employers, the policy is not lost.
Simple to implement, with little or no administration
Accumulated cash values can be used in emergencies, at retirement, or for personal costs investments.2
Premium costs are tax deductible.
Death benefit is generally received income-tax free.
Can be stopped without IRS approval or restrictions.
Proceeds may be used for estate settlement costs.
1 The discussion here concerns federal income tax law. State or local income tax law may vary.
2 A policy loan or withdrawal will generally reduce cash value and death benefits. If a policy lapses, or is surrendered with a
loan outstanding, the loan will be treated as taxable income in the current year, to the extent of gain in the policy. Policies considered to be Modified Endowment Contracts (MECs) are subject to special rules.
For a free report on Business Retirement Plans for Small Business Owners, click and submit. The report will be downloaded immediately. Learn how to use your cash flow to create tax-free wealth!
A great business book has just come out. Its called “Unlocking Your Business Wealth”, written by Brian Kerrigan.
Brian is a specialist in business growth. He is extremely passionate about helping business owners build wealth in their business so they can become financially independent in the future and enjoy the lifestyle financial freedom brings.
Many business owners run their business with the focus on personal income, and the freedom of time. However, the business can also be a valuable financial asset worth much more than the salary being earned. Business wealth is an asset that can create financial independence for the business owner.
Many business owners also put too much wealth in their business and when they wish to use this equity find it difficult to get out, or extremely expensive to get out. In many cases, it can be lost due to the market and elements of the business environment.
In this book, Brian discusses the building of business wealth and the opportunities it creates. Each chapter is a steppingstone to create business wealth.
A great short read, and necessary if you are an entrepreneur.
Brian discusses parts of the book, how it will help you grow your business and help you to avoid the traps that you may experience in your business life.
To Contact Brian:
860) 303-8929 mobile
Email Brian: bkerrigan@taylorfoleylaw.com to schedule a complimentary consultation to discuss your results and lay the foundation for your future success. Remember, the first step is often the hardest, but it’s the only way to reach the top.
Enjoy our recent podcast with Brian about his wonderful book!
Business Owners Created Substantial Wealth Using This Benefit!
Business owners are the most susceptible to it…
Don’t feel bad if this happens to you!
WE are susceptible to “not knowing” things WE need to know TO SECURE OUR business growth.
This is why WE need good business advisors.
However, sometimes by not knowing, you are too late to the party, and opportunities are missed.
THIS IS ONE THING YOU NEED TO KNOW!
It is called “The Corporate Equity Executive Plan”, (OR CEEP.) It is designed for highly paid business owners and executives. The plan has been around since the 60’s, and it was used by the “big guns “of the Fortune 500 type companies.
And You Don’t Want to Be Late TO THIS PARTY!
However, over the years, the plans have been redesigned for the smaller business owner, making it possible for you to take advantage of this substantial benefit plan.
Because this benefit has been used in large companies such as the S&P 500, many advisors are not aware of this “Hidden Gem of a Benefit.”
Leo had a successful business in wholesale. He gave his employees great benefits, treated them well, had a 401k, and great health benefits.
His problem was the 401k limited the amount of contribution he personally could make to the plan because of his high salary. This was a problem for Leo, because even though he made 401k contributions his percentage of final pay was much lower compared to final earnings.
Leo didn’t want to depend on selling his business for his retirement, as he had children and grandchildren who wanted to run it and Leo regarded his company as a legacy to his family.
Leo wanted his company to support his future security, however, the 401k limited this ability.
When we projected his retirement benefit percentage compared to his final pay, he was substantially lower than his lower paid employees. His employee group would retire with social security and their retirement benefit at about 65-80% of their final earnings. In Leo’s case, his percentage would be about 40% of his final earnings.
To make up the difference we introduced Leo to the CEEP plan. The plan allowed him to decide the number of deposits he wanted to make into the plan. Leo decided to put in $50,000 more a year until his retirement. This added amount, would increase his final income to around 80-90% of his final pay, adjusted for inflation and salary increases.
Because the business is funding his retirement plan, he has the benefit of having very efficient tax results. The plan allowed Leo to use the funds whenever needed, and all withdrawals were tax-free. Leo was the only participant in the plan, but he plans on adding a few family members to the plan in the future.
Considering all the withdrawals would be tax-free, unlike a qualified 401k plan, Leo was able to secure his financial security through the funding by his company! Because very little of the contribution is part of his total compensation, Leo saw a great opportunity for the company to pay for his retirement. They pay for his cars, country club, lunches, some vacations, why not his retirement?
This was a case where the CEEP allowed the highly paid owner to create wealth for themselves, but also on a tax-free basis, allowing more flexibility at retirement for him and his family.
“Create Your Own “Tax-Free Haven”
By using your company’s cash flow, you can create a tax-free retirement plan. Imagine, no taxes on your income when you retire!
Participations: You do not have to include anyone else in the plan.
Contributions: Contribute to the plan as much as you want with flexible contributions, including skipping ability.
Contribution allocation: All the contributions go to your account, and you are not forced to share contributions with anyone.
Usage of funds: You can withdraw these funds before 59 1/2 without taxes, penalty, or restriction-why not fund your inventory this way- without a banker!
Funded by your company: Like a 401k plan, your company contributes to the plan, to your account, since you are the only participant.
Deductible: The company can decide when they wish to take the deduction of the plan.
At Death: From day one there is a “self-completion clause”, if you die, a tax-free lump sum benefit is paid to your family. In most cases this is the amount of money you would have created in retirement had you lived to retirement.
No force out like RMD: At retirement you are not forced to take withdrawals from your plan, like the required minimum distribution rules under 401k’s and IRA’S.
No Tax on Inheritance: All benefits are tax-free to your family at your death.
more….
Do you remember When?
When you were a kid, did you ever lay down in freshly mowed green grass and stare up at the blue sky and watch the clouds move? You smelled the sweetness of the cut grass and just felt so relaxed? In the background, you hear a twin-engine airplane flying above. This is the moment in time when there were no issues in life, things were great and easy, and you were so relaxed…
Imagine that feeling, but now it’s at a time in life where you are ready to enjoy more time to “lay in the grass” again and feel that same feeling. Only now, you are retired, and because you made the right planning decisions, there are no issues. Financially, you are enjoying a wonderful retirement lifestyle. The reason: you eliminated income taxes! You are living the tax-free lifestyle which the CEEP plan offers.
That is what the CEEP can create for you, and I want to give you more information about it because it is
one of the best benefits ever for business owners.
This is one of those moments you don’t want to show up late for the party! If you haven’t been exposed to this type of executive benefit, do yourself a favor and download this Free White Paper that explains it all.
I encourage you to take a new path that will give you the opportunity to create greater financial wealth for your future. A path that will educate you on the great usage of business cash flow to create more financial security. The path you want to take is to request this free report, download it and spend some time learning about this fabulous benefit used by many high earning business owners and executives since the “John Fitzgerald Kennedy Era”.
To receive your FREE WHITE PAPER, SCAN THE QR CODE. COMPLETE the short form and your FREE WHITE PAPER WILL DOWNLOAD IMMEDIATELY…
Or CLICK OR TYPE IN
P.S. SPECIAL OFFER: The first 15 requests will receive a free copy of my book, “Unlocking Your Business DNA”. A BOOK filled with business strategies that will allow you to grow your business and create an ungodly amount of leisure time to enjoy what you are building.
Are you working hard to Grow and Prosper in your business?
Give Me Three Minutes and I’ll Reveal the Key Secret to Creating Greater Success and Prosperity!
You saw it coming… The instinct and driving force to create something…
While the outside world thinks building a business is magic and easy, you know differently!
You, like many entrepreneurs, are wired to build, discover, and create success and prosperity. You have the fortitude to survive and grow.
You know taking financial risk isn’t just about you, it involves your employees, vendors, and your family.
Many people would not understand why you take risks with no guarantee of success.
Chances are you entered your business, like many of us, without a lot of business knowledge, but the excitement of a great idea and the boldness and motivation, to make it successful… With all of that going for you why do small business FAIL 70% of the TIME?
FACTS BEING FACTS…70 % OF BUSINESSES FAIL WITHIN 10 YEARS. [1]
The answer is obvious, but not to the busy and enthusiastic business owner in the thick of running their business…
The stickler is…. YOU GET HOOKED ON THE “ACTION PLAN”- (the process of bringing your product or service to market and creating cash flow, profits to feed your operations. This is the exciting part of being a business owner). It’s “THE BUSINESS HIGH” …
Holy Cow… you’re saying just because I like doing something and want to be part of it all the time, IT WILL cause my business to fail? Yes and NO! Yes, because you not only spend most of your time there, but no, it’s good, because you are creating cash flow and profits…
THE PROBLEM: -You Have an Action Plan —————But No “PLAN FOR DETAILS”!
A critical part of the long-term success of the business. It is the empowerment of your business, the “Vin Lombardi” attitude for success. It creates confidence to grow. It is the “BUSINESS PLAYBOOK”! In a Nutshell it’s the solution to the eight reasons why 70 % of businesses fail in 10 years, and the reason why 86% of the businesses can’t be sold… IT’s That Simple…
Let’s break it down…
Eight Reasons Why 70% of Businesses Fail Within Ten Years!…
No Vision-No Niche-No Business Plan-No Marketing-No Commitment To Continual Learning-No Action –No Follow Through-No Consistency
The same reasons 86% of businesses can’t SELL! ——— There is no “Plan for Details.”
Why Don’t Business Owners Create a “PLAN FOR DETAILS” to fix the problem?…
The Major Reason Why …
Advisors make planning more complicated than it must be.
They charge too much in fees.
They don’t respect your brevity of time.
They don’t understand the business owner and never ran a business (employees, payroll, worked with bankers and inventory).
The advisors have their own agenda, not the agenda of the business owner.
Many advisors are not competent to plan the complexities of business and only want to sell products under a hidden agenda.
Many advisors don’t specialize and have conflicts of interest- such as a lawyer or account selling investment products.
YOUR “PLAN FOR DETAILS” – “YOUR “BUSINESS PLAYBOOK” to the RESCUE
NOT HAVING A “Plan for Details”, HAS CONSEQUENCES!
EASY TO PLAN
You can plan your path to success and prosperity within 30 days or we do it for free. You will learn in about a total of 4 hours or less over the 30 days.
LEARN ON YOUR TIME
Our Educational videos are short and easy to understand AND LEARN. The basis for your “Plan of Details”
ONE ON ONE COACHING
Four videos explaining the material along with a discussion after each step. This will clarify the questions you may have.
YOU CREATE AGENDA
Sixteen Business areas of planning. We call it Blueprints. You select the topics for your agenda. Solve one issue at a time and move to the next.
BREVITY RESPECTED
Videos less than 20 minutes. Conference calls, less than 30 minutes.
EASY TO LEARN MATERIAL
Resource Video Guide on many topics. Resource Study Text Guide written in simple language. Also, open a library to use for your knowledge base.
AUTO UPDATING
You set the schedule to update and assess other areas in your planning. You are always current because we make it automatic for you.
ONGOING SUPPORT
Monthly, you receive ideas on planning which you can use, and phone support. You are given a link to our calendar to schedule conference calls.
Situation
NO “Plan FOR Details” THE RESULTS
Business Planning System-PLAN FOR DETAILS
Covid Hits- Lack of Capital
Shut down, layoffs, a business closes. Banks recall your credit line, you incur debt.
Planned for reserve of capital, through cash flow. Bankers are pleased with your plan and extend credit. Business as usual! You are prepared!
You Die or Become Disabled
Key employees leave with others. Family has no permission to run business Banks recall loans.
Planning satisfies banker and probate courts. Employees stay, there is incentive in place for them, Family or key group run the business.
You Want Out of Business
Wealth tied up in your business not liquid. Must sell at deep discount to raise money!
Executive compensation plans set up. You have the capital to retire and sell your business without forced sale.
Key Person (Group) Leaving
Bankers, vendors, end credit. Employees leave.
You created a vesting benefit for your key people. Too rich for them to leave you, along with documents that are in place to protect you if they do leave.
EMPOWER your growth by formulating a “Plan for Details”.
Consequences Don’t Always Happen to the Other Guy! Don’t Be That Other Guy!
Your “Business Playbook” Your Favorite Banker Will Be Impressed!
WHICH PATH? Continue doing what you are doing without a “PLAN FOR DETAILS” and risk MANY UNKNOWN CONSEQUENCES! OR take the path of AWARENESS and Avoid Financial Mistakes through Knowledge!
Educated Entrepreneurs Are Aware of BUSINESS OWNERS!
View the demonstration Video of the GWT Business planning System. Fill in the few questions on the form and it will take you to the short video .
To receive your FREE WHITE PAPER, SCAN THE QR CODE. COMPLETE the short form and your FREE WHITE PAPER WILL DOWNLOAD IMMEDIATELY…
Your Business Worth 