Captive Insurance Companies Create Tremendous Insurance & Tax Benefits

Moore Ingram Johnson & Steele, LLP
Moore Ingram Johnson & Steele, LLPMoore Ingram Johnson & Steele, LLP

Captive Insurance Companies Create Tremendous Insurance & Tax Benefits by Matthew J. Howard

3 8 | t h e T h i r t y- A r e v i e w | M ay / J u n e 2 0 1 0
f i n a n c e
T
he risks inherent in running a business and the
cost of insurance to protect from those risks can be
prohibitive. Business owners looking for
alternatives to relying solely on the commercial
insurance market to cover their risks may find
that a captive insurance company (“CIC”) can
be the solution they are seeking. In addition
to allowing for greater risk coverage and
insurance flexibility, CICs provide significant
tax benefits to the business, and, where
appropriate, can serve as a highly effective
estate planning tool.
	 Here are a few CIC benefits: (1) the operating
company can shift risks that it currently self-insures
to the CIC. For many reasons, it is likely that most
businesses are susceptible to risks that they are not
adequately insured against. These businesses are forced
to self-insure for those risks with after tax dollars; (2) a
CIC can lower the cost of insurance and/or help obtain
insurance that is not otherwise available
on the commercial market. For example,
some businesses find commercial
coverage difficult or cost prohibitive to
purchase because its particular industry is
historically susceptible to certain claims,
or to certain conditions; and (3) a CIC
allows a business to develop a customized
insurance plan that matches its needs
and objectives. The CIC can draft
policies that are based on the specific
needs of the business such as increasing
deductibles, the scope of coverage, and
controlling premiums. This flexibility is
clearly desirable, but often not available
from commercial carriers. Common
policies written by CICs include: Errors
and Omissions, Directors and Officers
Liability, Employment Practices,
Copyright Infringement and Property
Damage, to name a few.
	 Finally, the tax benefits of a CIC are
undeniably attractive. Premiums paid to
a CIC for property and casualty insurance
are 100 percent deductible as ordinary
and necessary business expenses if they
are comparable to those charged in the
market for similar insurance coverage.
Therefore, if the CIC is properly set up
as an insurance company, the payment
of premiums is at arm’s length, and the
policies fall within the parameters of
commercial reasonableness, the business can deduct the
premiums it pays to its CIC.
	 Additionally, Section 831(b) of the Internal Revenue
Code allows CICs to elect to receive up to $1.2 million
of insurance premiums income tax free. Only the CIC
investment income is subject to income tax. The effect
is to allow up to a $1.2 million annual deduction that is
received tax free in the same year by an affiliated company
(i.e. CIC).
	 In order for a CIC to avail itself of these tax benefits,
it must qualify as an insurance company. This means
the CIC must provide “insurance.” The definition
of insurance has been debated and defined in several
court cases, most notably in Helvering v. Le Gierse, in
which the Supreme Court stated that insurance must
involve “risk shifting and risk distribution.” 312 U.S.
531, 539 (1941).
	 For years, the Internal Revenue Service argued that
no risk distribution could exist between companies within
the same “economic family.” However, the economic
family doctrine has been rejected by the Tax Court and
multiple appellate courts, and was officially abandoned by
the IRS in 2001. The IRS has issued a series of Revenue
Rulings since 2002 and following, which provide safe
harbors for the legitimate creation of CICs.
	 There are other characteristics that a CIC must have
in order to be considered an insurance company. The CIC
must be able to pay claims that may arise, must maintain
an adequate amount of capital and must maintain
separate finances from the insured business. Additionally,
the insured business must be facing risk, the premiums
charged by the CIC must be at commercial rates and the
CIC and the operating business must conduct themselves
as separate businesses.
	 Several states, such as Kentucky, Utah and Vermont,
have instituted statutes pertaining to the formation and
management requirements of CICs domiciled in that
state. Each domicile may vary in terms of the capitalization
requirementsfortheCIC,aswellaslicensingrequirements,
annual fees and other various requirements.
	 The ownership of a CIC can lend itself to beneficial
estate planning opportunities.Though the business owner
can own the CIC, if it is owned by a dynastic trust for
the benefit of the business owner’s descendants,
the value of the CIC (i.e. annual premiums) can
ultimately be transferred to the business owner’s
descendants without gift, estate or generation-
skipping transfer tax consequences.
	The benefits of creating a CIC are undeniable.
A CIC can provide risk coverage options for
an operating business that would otherwise be
unavailable. Additionally, the income tax and
estate planning benefits that a CIC can provide
are unparalleled.
Matthew Howard is a senior partner with Moore
Ingram Johnson & Steele, LLP in the firm’s Corporate,
Tax and Estate Planning Department. For more
information visit www.mijs.com, email MJHoward@
mijs.com or call 850-231-5995.
Small Captive Insurance Companies Create
Tremendous Insurance and Tax Benefits
b y M at t h e w J . H o wa r d , J D , L L . M .
A CIC can provide risk coverage
options for an operating business that
would otherwise be unavailable.
Matthew Howard

Recommended

Captive Resources Presentation – June 13, 2012 by
Captive Resources Presentation – June 13, 2012Captive Resources Presentation – June 13, 2012
Captive Resources Presentation – June 13, 2012Moore Ingram Johnson & Steele, LLP
1.4K views70 slides
Blurb on new 831(b) Provisions by
Blurb on new 831(b) ProvisionsBlurb on new 831(b) Provisions
Blurb on new 831(b) ProvisionsMoore Ingram Johnson & Steele, LLP
1.2K views2 slides
Workers' Compensation Laws: Georgia by
Workers' Compensation Laws: GeorgiaWorkers' Compensation Laws: Georgia
Workers' Compensation Laws: GeorgiaMoore Ingram Johnson & Steele, LLP
2.9K views8 slides
Workers compensation laws Georgia by
Workers compensation laws GeorgiaWorkers compensation laws Georgia
Workers compensation laws GeorgiaMoore Ingram Johnson & Steele, LLP
1.8K views11 slides
TN WORKERS’ COMP CHRONICLE June 2012 by
TN WORKERS’ COMP CHRONICLE June 2012TN WORKERS’ COMP CHRONICLE June 2012
TN WORKERS’ COMP CHRONICLE June 2012Moore Ingram Johnson & Steele, LLP
2.5K views6 slides
Medicare – Set Aside Arrangements A Combined Effort by
Medicare – Set Aside Arrangements A Combined EffortMedicare – Set Aside Arrangements A Combined Effort
Medicare – Set Aside Arrangements A Combined EffortMoore Ingram Johnson & Steele, LLP
2.6K views18 slides

More Related Content

What's hot

TN WORKERS’ COMP CHRONICLE June 2010 by
TN WORKERS’ COMP CHRONICLE June 2010TN WORKERS’ COMP CHRONICLE June 2010
TN WORKERS’ COMP CHRONICLE June 2010Moore Ingram Johnson & Steele, LLP
2.5K views5 slides
COLI/BOLI, IOLI/STOLI – The good, the bad, and the ugly by
COLI/BOLI, IOLI/STOLI – The good, the bad, and the uglyCOLI/BOLI, IOLI/STOLI – The good, the bad, and the ugly
COLI/BOLI, IOLI/STOLI – The good, the bad, and the uglyTony Roehl
3.6K views27 slides
Captive Insurance Presentation by
Captive Insurance PresentationCaptive Insurance Presentation
Captive Insurance PresentationThe Law Office of Hale Stewart
5.1K views15 slides
New Cobra Rules (April 24 2009) by
New Cobra Rules (April 24 2009)New Cobra Rules (April 24 2009)
New Cobra Rules (April 24 2009)MVRotary
434 views37 slides
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits III by
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IIIAIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits III
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IIILee Rogers
373 views17 slides
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IV by
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IVAIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IV
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IVLee Rogers
487 views27 slides

What's hot(20)

COLI/BOLI, IOLI/STOLI – The good, the bad, and the ugly by Tony Roehl
COLI/BOLI, IOLI/STOLI – The good, the bad, and the uglyCOLI/BOLI, IOLI/STOLI – The good, the bad, and the ugly
COLI/BOLI, IOLI/STOLI – The good, the bad, and the ugly
Tony Roehl3.6K views
New Cobra Rules (April 24 2009) by MVRotary
New Cobra Rules (April 24 2009)New Cobra Rules (April 24 2009)
New Cobra Rules (April 24 2009)
MVRotary434 views
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits III by Lee Rogers
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IIIAIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits III
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits III
Lee Rogers373 views
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IV by Lee Rogers
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IVAIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IV
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits IV
Lee Rogers487 views
BART vs. General Reinsurance by Bill Armstrong
BART vs. General ReinsuranceBART vs. General Reinsurance
BART vs. General Reinsurance
Bill Armstrong288 views
Employment Law Newsletter by dmurrayTH
Employment Law NewsletterEmployment Law Newsletter
Employment Law Newsletter
dmurrayTH177 views
Directors and Officer's Liability Insurance by Meri Planning
Directors and Officer's Liability InsuranceDirectors and Officer's Liability Insurance
Directors and Officer's Liability Insurance
Meri Planning718 views
Directors and officers liability insurance policies by Optimuminsurance
Directors and officers liability insurance policiesDirectors and officers liability insurance policies
Directors and officers liability insurance policies
Optimuminsurance2.2K views
Captive presentation revised 2 16-15 (3) by timdickison
Captive presentation revised 2 16-15 (3)Captive presentation revised 2 16-15 (3)
Captive presentation revised 2 16-15 (3)
timdickison511 views
Workers’ Compensation Lawyer by Tim Michael
Workers’ Compensation LawyerWorkers’ Compensation Lawyer
Workers’ Compensation Lawyer
Tim Michael304 views
T1, 2021 business law lecture week 11 - employment law by markmagner
T1, 2021 business law   lecture week 11 - employment lawT1, 2021 business law   lecture week 11 - employment law
T1, 2021 business law lecture week 11 - employment law
markmagner65 views
structured_settlements_101 by Bonnie Lahey
structured_settlements_101structured_settlements_101
structured_settlements_101
Bonnie Lahey117 views
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits by Lee Rogers
AIG Sample Illustrations for Critical, Chronic & Terminal Illness BenefitsAIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits
AIG Sample Illustrations for Critical, Chronic & Terminal Illness Benefits
Lee Rogers479 views

Viewers also liked

SAUPO Presentation April 2016 by
SAUPO Presentation April 2016SAUPO Presentation April 2016
SAUPO Presentation April 2016Moore Ingram Johnson & Steele, LLP
2.7K views8 slides
Spotting Employment Liability Exposure by
Spotting Employment Liability ExposureSpotting Employment Liability Exposure
Spotting Employment Liability ExposureMoore Ingram Johnson & Steele, LLP
2.7K views12 slides
Due Diligence in Cross-border Mergers & Acquisitions in Integrated Global Com... by
Due Diligence in Cross-border Mergers & Acquisitions in Integrated Global Com...Due Diligence in Cross-border Mergers & Acquisitions in Integrated Global Com...
Due Diligence in Cross-border Mergers & Acquisitions in Integrated Global Com...Moore Ingram Johnson & Steele, LLP
2.7K views35 slides
Marietta Daily Journal – Home to the Best by
Marietta Daily Journal – Home to the BestMarietta Daily Journal – Home to the Best
Marietta Daily Journal – Home to the BestMoore Ingram Johnson & Steele, LLP
2.7K views1 slide
Outside the Perimeter by
Outside the PerimeterOutside the Perimeter
Outside the PerimeterMoore Ingram Johnson & Steele, LLP
2.6K views7 slides
TN WORKERS’ COMP CHRONICLE January 2013 by
TN WORKERS’ COMP CHRONICLE January 2013TN WORKERS’ COMP CHRONICLE January 2013
TN WORKERS’ COMP CHRONICLE January 2013Moore Ingram Johnson & Steele, LLP
2.6K views4 slides

Similar to Captive Insurance Companies Create Tremendous Insurance & Tax Benefits

Captive Insurance Companies 101 by
Captive Insurance Companies 101Captive Insurance Companies 101
Captive Insurance Companies 101Matthew E. Abernethy, Esq.
1.7K views30 slides
ACTIVE CAPITAL REINSURANCE by
ACTIVE CAPITAL REINSURANCEACTIVE CAPITAL REINSURANCE
ACTIVE CAPITAL REINSURANCEmitchellstarc4
42 views8 slides
November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co... by
November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co...November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co...
November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co...CBIZ, Inc.
65 views2 slides
A Brief Note On The Group Inc. by
A Brief Note On The Group Inc.A Brief Note On The Group Inc.
A Brief Note On The Group Inc.Linda Torres
1 view44 slides
Asset protection strategies, part 1 by
Asset protection strategies, part 1Asset protection strategies, part 1
Asset protection strategies, part 1The Law Office of Hale Stewart
1.1K views24 slides
Why the rationale for a captive by
Why the rationale for a captiveWhy the rationale for a captive
Why the rationale for a captivejunged
503 views4 slides

Similar to Captive Insurance Companies Create Tremendous Insurance & Tax Benefits(20)

November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co... by CBIZ, Inc.
November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co...November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co...
November 2017 Reprint - Actively Manage Your Risk with a Captive Insurance Co...
CBIZ, Inc.65 views
A Brief Note On The Group Inc. by Linda Torres
A Brief Note On The Group Inc.A Brief Note On The Group Inc.
A Brief Note On The Group Inc.
Linda Torres1 view
Why the rationale for a captive by junged
Why the rationale for a captiveWhy the rationale for a captive
Why the rationale for a captive
junged503 views
Cic.client by swkoppel
Cic.clientCic.client
Cic.client
swkoppel385 views
New Uses and Benefits of Captive Insurance-Mrotek Tortorich May 20 2015 by Kyle Mrotek
New Uses and Benefits of Captive Insurance-Mrotek Tortorich May 20 2015New Uses and Benefits of Captive Insurance-Mrotek Tortorich May 20 2015
New Uses and Benefits of Captive Insurance-Mrotek Tortorich May 20 2015
Kyle Mrotek375 views
Aba On Captives[1] by bondra
Aba On Captives[1]Aba On Captives[1]
Aba On Captives[1]
bondra410 views
Captive Insurance Group - A Risk Management Strategy by captiveinsurance
Captive Insurance Group - A Risk Management StrategyCaptive Insurance Group - A Risk Management Strategy
Captive Insurance Group - A Risk Management Strategy
captiveinsurance1.9K views
Pac Life On Captive Ins Co by bondra
Pac Life On Captive Ins CoPac Life On Captive Ins Co
Pac Life On Captive Ins Co
bondra1.5K views
The Insurance Industry And Business Ethics by Chelsea Porter
The Insurance Industry And Business EthicsThe Insurance Industry And Business Ethics
The Insurance Industry And Business Ethics
Chelsea Porter3 views
Aig S Mergers Acquisitions Insurance Group Tax Liability Insurance When by AIGdocs
Aig S Mergers Acquisitions Insurance Group Tax Liability Insurance WhenAig S Mergers Acquisitions Insurance Group Tax Liability Insurance When
Aig S Mergers Acquisitions Insurance Group Tax Liability Insurance When
AIGdocs414 views
Captive Insurance Agencies by captiveman
Captive Insurance AgenciesCaptive Insurance Agencies
Captive Insurance Agencies
captiveman362 views
The Business Environment At Canadian Shield Insurance by Kim Stephens
The Business Environment At Canadian Shield InsuranceThe Business Environment At Canadian Shield Insurance
The Business Environment At Canadian Shield Insurance
Kim Stephens7 views
FiNsure 360 Insurance For Start Up Investment Advisors/Financial Institutions by ldag32
FiNsure 360 Insurance For Start Up Investment Advisors/Financial InstitutionsFiNsure 360 Insurance For Start Up Investment Advisors/Financial Institutions
FiNsure 360 Insurance For Start Up Investment Advisors/Financial Institutions
ldag32231 views

More from Moore Ingram Johnson & Steele, LLP

ICJE Memo 2.docx by
ICJE Memo 2.docxICJE Memo 2.docx
ICJE Memo 2.docxMoore Ingram Johnson & Steele, LLP
132 views10 slides
Injunctions and Restraining Orders.pptx by
Injunctions and Restraining Orders.pptxInjunctions and Restraining Orders.pptx
Injunctions and Restraining Orders.pptxMoore Ingram Johnson & Steele, LLP
132 views20 slides
Case update by
Case updateCase update
Case updateMoore Ingram Johnson & Steele, LLP
2.6K views152 slides
Mijs captive tax opinion 2018 (redacted) by
Mijs captive tax opinion   2018 (redacted)Mijs captive tax opinion   2018 (redacted)
Mijs captive tax opinion 2018 (redacted)Moore Ingram Johnson & Steele, LLP
634 views36 slides
Mijs captive tax opinion 2017 (redacted) by
Mijs captive tax opinion   2017 (redacted)Mijs captive tax opinion   2017 (redacted)
Mijs captive tax opinion 2017 (redacted)Moore Ingram Johnson & Steele, LLP
633 views35 slides
Mijs captive tax opinion 2019 (redacted) by
Mijs captive tax opinion   2019 (redacted)Mijs captive tax opinion   2019 (redacted)
Mijs captive tax opinion 2019 (redacted)Moore Ingram Johnson & Steele, LLP
638 views36 slides

More from Moore Ingram Johnson & Steele, LLP(18)

Recently uploaded

PSI InternetPacketAllFormsJanuary2023.pdf by
PSI InternetPacketAllFormsJanuary2023.pdfPSI InternetPacketAllFormsJanuary2023.pdf
PSI InternetPacketAllFormsJanuary2023.pdfTodd Spodek
6 views48 slides
Kruse Law.pdf by
Kruse Law.pdfKruse Law.pdf
Kruse Law.pdfKruse Law
6 views4 slides
DADAN LAW FIRM by
DADAN LAW FIRM DADAN LAW FIRM
DADAN LAW FIRM DADAN LAW FIRM
8 views1 slide
VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S. by
VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S.VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S.
VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S.Dr. Oliver Massmann
6 views3 slides
الازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdf by
الازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdfالازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdf
الازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdfmboubouche
7 views22 slides
Innovator Visa UK Cost by
Innovator Visa UK CostInnovator Visa UK Cost
Innovator Visa UK CosteLHRConsultant
9 views1 slide

Recently uploaded(9)

PSI InternetPacketAllFormsJanuary2023.pdf by Todd Spodek
PSI InternetPacketAllFormsJanuary2023.pdfPSI InternetPacketAllFormsJanuary2023.pdf
PSI InternetPacketAllFormsJanuary2023.pdf
Todd Spodek6 views
VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S. by Dr. Oliver Massmann
VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S.VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S.
VIETNAM - FORMER ENEMY TO STRATEGIC PARTNER OF THE U.S.
الازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdf by mboubouche
الازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdfالازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdf
الازمة الروسية الاوكرانية على ضوء نظريات العلاقات الدولية.pdf
mboubouche7 views
Jamaica's Data Protection Act: Compliance required from the business community by Emerson Bryan
Jamaica's Data Protection Act: Compliance required from the business communityJamaica's Data Protection Act: Compliance required from the business community
Jamaica's Data Protection Act: Compliance required from the business community
Emerson Bryan35 views
Senate Bill 232 Timeline and Information Sheet by addie42
Senate Bill 232 Timeline and Information SheetSenate Bill 232 Timeline and Information Sheet
Senate Bill 232 Timeline and Information Sheet
addie4210 views

Captive Insurance Companies Create Tremendous Insurance & Tax Benefits

  • 1. 3 8 | t h e T h i r t y- A r e v i e w | M ay / J u n e 2 0 1 0 f i n a n c e T he risks inherent in running a business and the cost of insurance to protect from those risks can be prohibitive. Business owners looking for alternatives to relying solely on the commercial insurance market to cover their risks may find that a captive insurance company (“CIC”) can be the solution they are seeking. In addition to allowing for greater risk coverage and insurance flexibility, CICs provide significant tax benefits to the business, and, where appropriate, can serve as a highly effective estate planning tool. Here are a few CIC benefits: (1) the operating company can shift risks that it currently self-insures to the CIC. For many reasons, it is likely that most businesses are susceptible to risks that they are not adequately insured against. These businesses are forced to self-insure for those risks with after tax dollars; (2) a CIC can lower the cost of insurance and/or help obtain insurance that is not otherwise available on the commercial market. For example, some businesses find commercial coverage difficult or cost prohibitive to purchase because its particular industry is historically susceptible to certain claims, or to certain conditions; and (3) a CIC allows a business to develop a customized insurance plan that matches its needs and objectives. The CIC can draft policies that are based on the specific needs of the business such as increasing deductibles, the scope of coverage, and controlling premiums. This flexibility is clearly desirable, but often not available from commercial carriers. Common policies written by CICs include: Errors and Omissions, Directors and Officers Liability, Employment Practices, Copyright Infringement and Property Damage, to name a few. Finally, the tax benefits of a CIC are undeniably attractive. Premiums paid to a CIC for property and casualty insurance are 100 percent deductible as ordinary and necessary business expenses if they are comparable to those charged in the market for similar insurance coverage. Therefore, if the CIC is properly set up as an insurance company, the payment of premiums is at arm’s length, and the policies fall within the parameters of commercial reasonableness, the business can deduct the premiums it pays to its CIC. Additionally, Section 831(b) of the Internal Revenue Code allows CICs to elect to receive up to $1.2 million of insurance premiums income tax free. Only the CIC investment income is subject to income tax. The effect is to allow up to a $1.2 million annual deduction that is received tax free in the same year by an affiliated company (i.e. CIC). In order for a CIC to avail itself of these tax benefits, it must qualify as an insurance company. This means the CIC must provide “insurance.” The definition of insurance has been debated and defined in several court cases, most notably in Helvering v. Le Gierse, in which the Supreme Court stated that insurance must involve “risk shifting and risk distribution.” 312 U.S. 531, 539 (1941). For years, the Internal Revenue Service argued that no risk distribution could exist between companies within the same “economic family.” However, the economic family doctrine has been rejected by the Tax Court and multiple appellate courts, and was officially abandoned by the IRS in 2001. The IRS has issued a series of Revenue Rulings since 2002 and following, which provide safe harbors for the legitimate creation of CICs. There are other characteristics that a CIC must have in order to be considered an insurance company. The CIC must be able to pay claims that may arise, must maintain an adequate amount of capital and must maintain separate finances from the insured business. Additionally, the insured business must be facing risk, the premiums charged by the CIC must be at commercial rates and the CIC and the operating business must conduct themselves as separate businesses. Several states, such as Kentucky, Utah and Vermont, have instituted statutes pertaining to the formation and management requirements of CICs domiciled in that state. Each domicile may vary in terms of the capitalization requirementsfortheCIC,aswellaslicensingrequirements, annual fees and other various requirements. The ownership of a CIC can lend itself to beneficial estate planning opportunities.Though the business owner can own the CIC, if it is owned by a dynastic trust for the benefit of the business owner’s descendants, the value of the CIC (i.e. annual premiums) can ultimately be transferred to the business owner’s descendants without gift, estate or generation- skipping transfer tax consequences. The benefits of creating a CIC are undeniable. A CIC can provide risk coverage options for an operating business that would otherwise be unavailable. Additionally, the income tax and estate planning benefits that a CIC can provide are unparalleled. Matthew Howard is a senior partner with Moore Ingram Johnson & Steele, LLP in the firm’s Corporate, Tax and Estate Planning Department. For more information visit www.mijs.com, email MJHoward@ mijs.com or call 850-231-5995. Small Captive Insurance Companies Create Tremendous Insurance and Tax Benefits b y M at t h e w J . H o wa r d , J D , L L . M . A CIC can provide risk coverage options for an operating business that would otherwise be unavailable. Matthew Howard