Life Insurance and Estate
Planning for Retirement Plans
What is using life insurance and
estate planning for retirement plans?
The assets in your qualified and nonqualified
retirement plans will be included in your gross estate when you die. For those
who have accumulated substantial assets in their retirement plans, the
inclusion of these assets in their estates may cause a tax problem. So, you may
have to pay a tax for which you had not planned.
Many estate planners recommend that people
use life insurance as a means to provide liquidity to their heirs for the
payment of any future federal gift and estate tax resulting from the inclusion
of retirement plan assets in your estate. In most cases, estate planners
recommend that you set up an irrevocable life insurance trust and name your
heirs as the beneficiaries of the trust. You can then either transfer an existing
life insurance policy into the trust or make gifts of cash into the trust so
that the trustee can buy a new life insurance policy on your life. If you do
not retain any incidents of ownership in the policy within three years of your
death, the insurance proceeds should not be included in your gross estate.
Another possible option if your spouse is still alive is to purchase a
second-to-die life insurance policy. Then, when the surviving spouse dies, your
heirs can use the insurance proceeds to help pay the applicable tax due at that
time. Your heirs will then have the necessary cash to pay for any increase in
your tax because of the inclusion of the retirement assets. (One exception to
this rule is if you transfer an existing insurance policy to another individual
or into a trust, and then you die within three years of the transfer. The
insurance proceeds will then be included in your gross estate, but the proceeds
will still be available to pay any associated taxes.)
When should you use life
insurance as an
estate planning tool for your retirement plans?
Inclusion of
retirement plan assets may increase federal gift and estate tax
You can use life insurance as an estate
planning tool for your retirement plan when the inclusion of the retirement
plan assets in your gross estate will increase your tax liability. It is
important to note that the assets in both qualified and nonqualified retirement
plans will, in almost all cases, be included in your gross estate when you die.
If you have substantial assets in your retirement plan, then the inclusion of
the assets may dramatically increase the tax liability for your heirs. One way
to offset the tax liability is to provide additional liquidity to your heirs to
pay the tax through the use of life insurance.
Use life
insurance even if all assets left to spouse
You may want to consider using life insurance
to provide liquidity to your heirs (to pay the federal gift and estate tax on
your retirement plan assets) even if you plan to leave all your assets to your
spouse. Although transfers to a spouse qualify for the unlimited marital
deduction (meaning an unlimited amount of assets can be left to your spouse
without paying any tax), when your spouse dies, then the assets will be subject
to tax. Your heirs (usually your children) will then be responsible for paying
the applicable tax. To provide liquidity to their heirs at this point, many
people will purchase a second-to-die life insurance policy (so that when the
surviving spouse dies, the insurance policy will pay off at that point). It is
important that the ownership of this policy be set up properly, so that the
insurance proceeds are not included in the surviving spouse's estate. Another
benefit to using a second-to-die life insurance policy is that the premiums on
these policies are usually less than the premiums for an insurance policy on a
single life.
You are concerned about the federal gift and
estate tax consequences of inclusion of your retirement plan assets in your
estate if you should die in the near future. In your estate plan, you leave all
of your assets to your surviving spouse. Because of the unlimited marital
deduction, there is no federal tax due at your death. Your spouse then executes
a will, leaving all of his or her assets to your three children. At your
spouse's death, your children will then be responsible for paying any
applicable tax. With a second-to-die insurance policy, with the proper
ownership, your children will have the liquid assets to pay the tax
attributable to the inclusion of the retirement assets in your spouse's estate.
What are the strengths of using
life insurance
as an estate planning tool for your retirement plans?
Provides
liquidity to heirs for payment of federal gift and estate tax
The main benefit to using life insurance as
an estate planning tool for your retirement plans is that it will provide
liquidity to your heirs to help pay the taxes (federal and perhaps state) on
your estate. As noted above, the assets in your qualified and nonqualified
retirement plans when you die will be included in your gross estate. This
inclusion may substantially increase your tax liability. A life insurance
policy can be an excellent source of liquidity for your heirs to pay the
additional tax.
Transfers
into irrevocable life insurance trust may qualify for annual gift tax exclusion
If you set up an irrevocable life insurance
trust to hold the life insurance policy, then transfers of cash into the trust
(to buy the insurance policy or to pay premiums) may qualify for the annual
gift tax exclusion from federal gift and estate tax. As long as the
beneficiaries of the irrevocable life insurance trust are given Crummey powers,
then gifts into the trust will qualify for the annual exclusion from the tax.
You are concerned about the tax consequences
of inclusion of your retirement plan assets in your estate if you should die in
the near future. You would like to find a way to provide some liquidity to your
heirs. One solution is to set up an irrevocable life insurance trust, name your
children as the beneficiaries, and then begin making transfers of cash into the
trust so the trustee can purchase a life insurance policy on your life and pay
premiums on that policy. As long as the beneficiaries are given Crummey
withdrawal rights, transfers into the trust will qualify for the annual gift
tax exclusion. (The annual exclusion applies against all gifts to a donee by
one donor during the year.)
Assets in
irrevocable trust not included in your gross estate
Another benefit of using life insurance as an
estate planning tool is that, if set up properly, the insurance proceeds are
not included in your gross estate for federal gift and estate tax purposes. If
the insurance policy on your life is held in an irrevocable trust or if your
heirs are the owners of the policy, then the policy proceeds will not be
included in your estate. Your heirs will then be able to use the full proceeds
to pay any applicable tax.
Life
insurance proceeds not subject to income taxes
Another benefit to using life insurance as an
estate planning tool is that life insurance proceeds are not subject to income
tax. Your heirs will be able to use the full proceeds to help pay for any
additional taxes due because of the inclusion of your retirement assets.
What are the tradeoffs to using
life insurance
as an estate planning tool for your retirement plans?
Insurance
policy may be costly
Depending on your age and health, purchasing
a large insurance policy on your life may be very expensive. Furthermore, when
buying a policy to provide liquidity to your heirs, you usually want to
purchase a cash value life insurance policy. These policies are much more
expensive than a term policy.
Irrevocable
life insurance trust may be expensive to set up
Another tradeoff to using life insurance as
an estate planning tool is the cost of setting up an irrevocable life insurance
trust (assuming you want to provide liquidity for your heirs through a trust).
A life insurance trust can be quite expensive to set up and to maintain. You
will need to hire an experienced, competent estate planning attorney to draft
the trust documents. If you hire a professional trustee (a bank trust department,
for example), you may have to pay an annual trustee's fee. You may also have to
hire an accountant to file trust tax returns.
Trust should
be irrevocable
To avoid having the life insurance proceeds
included in your taxable estate, the life insurance trust should be an
irrevocable trust. Once the trust is established, you lose the ability to amend
or revoke the trust. You generally cannot change the beneficiaries, you cannot
change the trustee, and you cannot change the terms of the trust.
What are the tax implications?
Proceeds from
life insurance policy may be included in your gross estate
If you maintain any incidents of ownership of
the insurance policy at your death, the proceeds from the policy will be
included in your gross estate for federal gift and estate tax purposes. If you
do not retain any incidents of ownership in the insurance policy, then the
proceeds from that policy will not be included in your estate at your death
(unless the policy was transferred within three years of your death). This is
true whether your heirs are the direct owners of the policy or whether they are
the beneficiaries of an irrevocable life insurance trust that is the owner of
the policy. Your heirs will then have the full amount of the life insurance
policy to provide them with liquidity to pay any increased tax resulting from
the inclusion of your retirement plan assets in your estate.
Life
insurance proceeds not subject to income tax
Life insurance proceeds are usually not
subject to income taxes. Your heirs will then not have to pay any income taxes
on the life insurance proceeds.
Gifts to buy
life insurance may qualify for annual gift tax exclusion
If you make direct gifts of cash to your
heirs to purchase a life insurance policy or if you make transfers into an
irrevocable life insurance trust for the same purpose, then these transfers may
qualify for the federal annual gift tax exclusion from the federal gift and estate
tax. You can make annual gifts up to $14,000 per donee to an unlimited number
of individuals without paying any federal tax on those transfers. If your
spouse elects to split the gift with you, this amount is increased to $28,000
per donee. Your heirs or your trustee can then use these gifts to purchase a
life insurance policy on your life and to pay premiums on the policy.
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Contact:
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President/CEO
CornerStone
Financial
(615) 427-8780
IMPORTANT DISCLOSURES
The
information presented here is not specific to any individual's personal
circumstances.
To the extent
that this material concerns tax matters, it is not intended or written to be
used, and cannot be used, by a taxpayer for the purpose of avoiding penalties
that may be imposed by law. Each taxpayer should seek independent advice from a
tax professional based on his or her individual circumstances.