© 2013 ING North America Insurance Corporation CN0904-12224-0916 RETIREMENT INVESTMENTS INSURANCE...

© 2013 ING North America Insurance Corporation CN0904-12224-0916

RETIREMENT • INVESTMENTS • INSURANCE

BLUEPRINT FOR BUSINESS: KEEP WHAT YOU’VE BUILT

Key Person Protection

Disclosures

• Neither ING nor its affiliated companies or its representatives offer tax or legal advice. The strategies suggested may not be suitable for everyone and you should consult with your tax and legal advisors before implementing any of the strategies suggested here.

• These materials are not intended to and cannot be used to avoid tax penalties, and were prepared to support the promotion or marketing of the matter addressed in this document. The taxpayer should seek advice from an independent tax advisor.

• Life insurance products are issued by ReliaStar Life Insurance Company (Minneapolis, MN), ReliaStar Life Insurance Company of New York (Woodbury, NY) and Security Life of Denver Insurance Company (Denver, CO). Within the state of New York, only ReliaStar Life Insurance Company of New York is admitted and its products issued. All are members of the ING family of companies.

• All guarantees are based on the financial strength and claims paying ability of the issuing insurance company who is solely responsible for all obligations under its policies.

© 2013 ING North America Insurance Corporation CN0904-12224-0916 2


You’ve Invested A Lot In Your Business

Time

Money

Passion

YourBusiness


Your business is probably your most valuable asset

Your lifestyle and your financial foundation depend on it.


Do You Have Some Special Employees?

Do some of your employees have special skills that make you profits?

UNIQUE CONTACTS/CONNECTIONS

INNOVATIVE/TECHNICAL ABILITIES

SALES TRACK RECORD

MANAGEMENT/LEADERSHIP SKILLS

FINANCIAL EXPERTISE


Key People Increase Your Profits

• If you’ve done a good job hiring, you have some key people whose skills create profits

• Your income and economic security may depend on them staying with your business and continuing to do a good job

• The unexpected loss of even one key employee can reduce your profits for years


What would it mean to your business if your most valuable employee died unexpectedly?

We often take our key people for granted

Losing A Key Employee Can Be Devastating

• Who will take over the key person’s duties?

• How long will it take to find a good replacement?

• Will you have to pay the new person more?

• How long until he/she is up to speed?


Losing a Key Employee Can Be Devastating

• Will you have to do both your job and the key employee’s job at the same time?

• What will be the impact on your customers?

• What will be the impact on the other employees?

• What will happen to business profits?


Protecting Your Business

• Smart business owners hope for the best

• But they plan in advance for the worst

• They anticipate disasters and are prepared if the unexpected happens

• They have contingency plans ready if they are needed



Do you have a plan in place to minimize the loss if one of your key people dies

unexpectedly?

Preparation Is Key

• Smart business owners protect their businesses

• Many businesses use a four step process:

1. Identify their key people

2. Determine how much value would be lost

3. Explore the alternatives available

4. Decide how much of the risk to self-insure



Calculating A Key Person’s Value

• Jim Williams is CFO for CRAZY Tools, Inc.

• He is a key employee responsible for $100,000 of profits annually.

• Other facts:

• Total salary & perks $175,000 annually

• A replacement would cost $225,000 annually

• A new person would need 4 years to equal him

• Recruiting costs/commissions would be $50,000

• Training costs would be $25,000


Key Person Valuation Tool


Key Person Valuation Tool

Consider Using Key Person Life Insurance

• Key Person Life Insurance can protect your business for a relatively small cost

• Life insurance on the key person can help:• Provide funds to recruit, hire and train a qualified replacement

• Replace lost profits

• Provide funds to pay business debts


How Key Person Life Insurance Works

• Business purchases a life insurance policy on key person and pays premiums

• Business names itself as the beneficiary

• If key employee dies, death benefits are paid to the business; they can be used to pay expenses or replace lost profits


Key Person Life Insurance


Policy

Premiums

Death Benefits

Policy

Life Companies

Income Tax Aspects of Key Person Life Insurance

• Premiums are NOT income tax deductible

• Death Benefits are generally income tax free (IRC Sec. 101)*

• If the business is a C corporation, then cash value growth and death benefits may be subject to the corporate alternative minimum tax (AMT)

*Assuming a 101(j) consent form has been signed by the key employee




Some Potential Advantages

Income tax free death benefits under IRC section 101* (subject to the AMT for C corporations )

Policy cash values are an asset on the business’ balance sheet

Growth in cash values is income tax-deferred (subject to the AMT for a C corporation)

Risk of loss is transferred to the insurance company



Some Potential Advantages

• Income tax free death benefits under IRC section 101* (subject to the AMT for C corporations )

• Policy cash values are an asset on the business’ balance sheet

• Growth in cash values is income tax-deferred (subject to the AMT for a C corporation)

• Risk of loss is transferred to the insurance company


Some Potential Disadvantages

• Premium payments are NOT income tax deductible

• Determining a key employee’s value is an art, not a science

• Key employees can leave the business before death; the business may incur similar losses / expenses

• Insured key employee needs to execute a 101(j) notice and consent form


What About You?

• Are You A Key Person In Your Business?

• What would happen if you died on the way home from work?

• Would happen to the value of your business?

• What would that mean to your family’s finances?


• Suppose you died in an accident on the way home from work tonight


How much of the value of your business would be lost? Would your business survive? What would your family do?


Do you have a plan in place to protect your business and your family?


Suppose You Die Unexpectedly

• There is a Plan:

• What does it say?

• When was it created?

• What value does it place on your interest?

• Is there enough money backing it up

• Does it make sense today?

• There is NO Plan:

• Who makes decisions?

• Will customers stay loyal?

• What will happen to your business interest?

• Will your key employees stay or be hired away?

• How much business value will disappear?


Your death (or that of another owner) could create another difficult financial

problem.

The bank may be able to change lending terms or call an outstanding loan.


Even worse, if the loan is personally guaranteed, the bank may be able to demand repayment from your estate.

The terms of the personal guarantee may place the bank ahead of your spouse and

children in the settling of your estate.

I May Be Able To Help You Protect Your Business’ Value

I may be able to help you get the most for the time, money and emotion you’ve put into your business by protecting the value of your key employees:

•Calculate each key employee’s value

• Explore alternative solutions

•Gather information on insurance alternatives

•Determine how much exposure you have through personal

lending guarantees

•Assist in keeping your plans up-to-date


What I Need From You

To assist you, I need some information:

•Who are your key employees?

•Have your calculated their value to your business? Has that value been updated for today?

•Are you self-insuring the entire risk?

•What alternatives have you considered for transferring part of the risk?

•Has there been an analysis of the business debts that have been personally guaranteed? What’s your current situation?


Next Steps

Smart business owners hope for the best, but they plan for the worst

•If something happens, they are prepared

•Where would you like to start?

• Calculating your key employees’ value,

• Considering self-insurance / professional insurance alternatives, or

• Analyzing your current risk exposure under personal loan guarantees


Date post:	29-Jan-2016
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