Success has its rewards but also its risks. We work with you and your strategic advisors to address and mitigate unnecessary risk related to your accumulated wealth.
Life Income Strategy
This is probably the best alternative to the high burden, confusing, expensive and outdated Non-Qualified Deferred Compensation (NQDC) for small businesses. Like NQDC, it is optional and discriminatory. However, there are no administrative costs or burdens whatsoever. This is a favorite plan of our clients who are small business owners because it is easy to understand, implement, maintain and fund. Click here to learn more.
While most advisors will focus first on estate planning, we believe that protecting your family’s assets from nefarious actions takes precedence, after all, why plan to transfer an asset that could be lost through a frivolous lawsuit, if not planned for first. For example, it is not uncommon for an elderly parent to have a trusted child or grandchild as a signer on an account. Should that child or grandchild happen to be in an accident, the asset on which they are a joint signer, now becomes at risk. Divorce is an even more common occurrence that needs to be addressed in any proper asset protection plan.
We’ve all heard the saying “You can’t take it with you,” meaning, your wealth and possessions when you die. Through proper charitable and estate planning, we can assist you in keeping control of your assets, rather than surrendering them to the politicians to be squandered on their pork belly projects. We call this ‘social capital’, and you have the choice; send your hard-earned dollars to Washington, D.C., the home of bad credit; or, maintain control of a lifetime of income and pass the proceeds to those that truly deserve your help.
You’ve done well for yourself, your family, and your employees. But what can you do to give even more back to those who have helped you along your path to success?
You may choose to give back to your alma mater or hometown healthcare facility by making charitable contributions to their various foundations. Using our proprietary ‘Magnify’ strategy we can show you how to maximize your contribution.
As an example, a hospital was interested in building a new $300 million dollar state-of-the-art cardiac care center. They had the option to sell bonds to investors but that meant repayment risk for them and their investors. Using our proprietary ‘Magnify’ strategy, we were able to show them how donations totaling $11.8 million over sixteen years could be transformed into $605 million over sixty-five years. In addition, the program would be self-funding after year sixteen, and would begin to pay back the contributions into the foundation after year twenty-three.
When you want to give back, maximize your impact with our ‘Magnify’ strategy.
Closely-Held Insurance Company (CHIC), or Captive Insurance Company
You are a small business owner and have maximized your 401(k) contribution to the company retirement plan. Your company has maximized the profit sharing contribution to the corporate retirement plan as well.
A CHIC, or Closely-Held Insurance Company, allows a business owner transfer certain risks away from their primary firm to a privately owned insurance company. If you plan to sell your business in the future, there are tax advantages to owning a CHIC. This is an excellent tool if used properly.
Our CHIC team has decades of experience and many successful IRS audits under their belts. Although there are many benefits to this arrangement, there are requirements that must be met in order for it to be a viable strategy. Call us and ask to speak with one of our ‘CHIC’ specialists.
ECLAT (Enhanced Charitable Lead Annuity Trust)
The Enhanced Charitable Lead Annuity Trust (ECLAT) is a flexible planning tool that combines wealth transfer, charitable giving, and income tax reduction. The ECLAT was created by top attorneys to address the high taxation problem that occurs when a client dies with an IRA and an estate tax due. As such, it is an efficient way to transfer a large IRA, 401(k), or other tax-deferred asset.
At death, the IRA can be reduced by two-thirds (2/3) or more due to estate and income taxes (IRD). The implementation of the ECLAT can eliminate nearly all taxes, benefit charity, and transfer much more money to the heirs compared to the status quo.
Additionally, in the circumstance of divorce, an ECLAT is an excellent solution for ensuring payment of child support, and to leave a legacy for your children while bypassing your former spouse.
Enhanced Charitable Lead Annuity Trust Example
The general structure may look like this for a 60-year-old male:
$1 million is contributed to an ECLAT that is based on the life of the grantor/insured (not a fixed term of years). The ECLAT is designed to pay $5,000 per year to charity for the duration of the trust (lifetime of the insured), and at the end of the trust an additional payment of $1.5 million will be made to charity. For this illustration, we will use the January 2010 Section 7520 rate of 3.0%. This rate is used to determine the present value of the future gift of life insurance to the charity that, in turn, determines the amount of tax deduction.
Of the $1 million contribution, $100,000 is set aside to purchase an income-producing municipal bond portfolio. The income and principal of this bond portfolio is adequate to maintain an annual payment to charity of $5,000. The remaining $900,000 is used to purchase a paid-up life insurance policy on the life of the grantor for the amount of $3.8 million.
At death, there will be a final payment to charity of $1.5 million. The heirs will receive $2.3 million of the remaining proceeds of the life insurance policy, and they will also receive the remaining balance of the muni-bond account. Under these facts, the charitable deduction would be $820,734 (82% deduction). Giving more to charity would generate a larger deduction while giving less will reduce the deduction but increase the remainder interest to the heirs.