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A Business Life Insurance
and Estate Planning Guide




                            1
Business owners don’t plan to fail…
                                      Often, they simply fail to plan.




      SMALL BUSINESS OWNER PLAN FOR SUCCESS                           Managing Risk
                                                                      Even if your business is profitable, there are
       The Small Business Administration has found
       that 70% of the country’s small businesses have
                                                                      potential risks that could negatively impact your
       no succession plan and fewer than 30% pass                     business.
       successfully from one generation to the next.                  A sound plan for protecting your business
                                                                      interest should include:
                                        70%
                     30%                Have                          •   Protecting and preserving assets
                    Have A             No Plan
                     Plan                                             •   Removing or reducing uncertainty
                                                                      •   Providing financial security


    SOURCE: New York Times “Keeping the Family Happy”, May 1, 2006.




1
Team Members
        Protecting your business is a big job and fortunately
         you’re not alone. A team of professionals can help
                       you achieve your goals.




Your team:
                                                  Your American General
Your Accountant                                   Life and Accident
Assists in the preparation of tax returns, risk   Insurance Company
assessments and other financial transactions.
The services of a qualified accountant are
                                                  (AGLA) representative
instrumental in business and estate valuation.    Provides life insurance products
                                                  necessary to solve your business
Your Attorney                                     continuation, employee retention,
Provides legal counsel, and can help you assess   and estate planning needs.
your business insurance needs. An attorney is
responsible for preparing the necessary
paperwork for solving estate planning problems.


                                                                                      2
Business Continuation
       The unexpected loss of a key employee or business owner
          can cause economic uncertainty and jeopardize the
               profitable continuation of your business.




                                                          SMALL BUSINESS OWNERS KNOWLEDGEABLE
                                                              ABOUT BUSINESS LIFE INSURANCE

                                                                     11%
                                                                     Yes
                                                                                             89%
                                                                                              No




                                                        National Federation of Independent Business: www.411sbcfacts.com
                                                                                  as of July 2008
    Key Person Life Insurance
    Protects your business against the financial loss
    that may occur at the untimely death of an
    individual whose expertise is vital to the
    success of your business. Your business is the         Life Insurance as Credit
    owner, beneficiary, and payer of the life
    insurance policy.                                      Protection
                                                           Cash value life insurance owned by a
                                                           business can be pledged as collateral
    Buy-Sell Agreement                                     should the business need to obtain a
    Establishes the sales price of your business,          loan. In addition, should an emergency
    obligates the buyer to buy and the seller to sell
                                                           strike, the business can access the
    the business in advance. Protects the value of
    your business and provides for an orderly              accumulated cash value through loans
    continuation of the business at the owner’s            and/or withdrawals.
    death, disability or retirement.



3
Employee Bonus and Retention Plans
  Your business is a valuable asset that needs to be protected.
        It is a source of income for you and your family,
                  as well as for your employees.




Executive Bonus
I.R.C. Section 162
Your business pays a bonus to a key employee
or business owner* that is used to purchase
life insurance.



Split-Dollar Insurance
Your business and a key employee share the
cost and benefits of a life insurance policy.


Non-Qualified Deferred
Compensation                                                      “Take away my factories, my plants;
                                                                  take away my railroads, my ships, my
Your business utilizes cash value life
insurance to fund an agreement providing                          transportation; take away my money;
specified benefits payable at a future event,                     strip me of all of these, but leave me
such as retirement, death or disability of a
                                                                  my people, and in two or three years
key employee.
                                                                  I will have them all again.”
                                                                                  -Attributed to Andrew Carnegie

*
 If used for a business owner, the company would need to be
a C-Corp to take advantage of the tax deductibility of the
bonus paid.

This guide provides information on some common business
insurance concepts. The information is general in nature and is
not intended to be legal or tax advice. You should consult your
attorney and tax advisor in regard to your specific situation.

                                                                                                                   4
Estate Planning
      Estate taxes and other costs can significantly reduce the
     amount of your estate you are able to pass on to your heirs.




    Wills                                                               FEW SMALL BUSINESS OWNERS CARRY EXTRA
                                                                             LIFE INSURANCE ON THEMSELVES
    An essential part of every estate plan. It
    determines, in writing, to whom and in what
                                                                                        33%
    manner your property will be distributed after                                       Do                67%
    your death. State law determines how your                                                              Don’t
    estate is handled if you do not have a will.



    Trust Arrangements                                                National Federation of Independent Business: www.411sbcfacts.com
                                                                                                  July 2008

    Probate fees and estate taxes can be reduced
    or avoided by the use of one or more properly
    established trusts. Also, life insurance owned
    by a trust can provide funds to pay your estate
                                                                    Estate Equalization
    settlement costs.1                                              Life insurance can be used to provide equal
                                                                    shares of your estate to your children. By naming
                                                                    the children who are not involved in your
                                                                    business as beneficiaries at an amount equal to
       A 2007 survey of family owned                                the value of the business you intend to leave to
       businesses found that many haven’t                           your children who will inherit the business, you
                                                                    have “equalized” the value of your business
       prepared for succession or efficient
                                                                    included in your total estate.
       transfer of their wealth. Fewer than half
       of these business owners, who expect
       to retire within five years, had selected                    Charitable Gifts
       a successor, and nearly a third has
                                                                    By giving money or property to a charity, you
       done no estate planning beyond a will.                       can reduce the size of your estate. Charitable
       SOURCE: Wall Street Journal “Whose Business Will This Be?”
                                                                    gifts may also be income tax deductible.
       March 17, 2008



5
Are you prepared?




                                                                        Would your business
                                                                        financially survive...
                                                                        •	 If	a	key	person	who	contributes	
                                                                           substantially to the profitability of your
                                                                           business dies prematurely?

                                                                        •	 If	you	were	forced	to	become	business	
                                                                           partners with your deceased partners heirs
                                                                           who either don’t understand the business or
                                                                           are not interested in the businesses affairs?

                                                                        •	 If	a	vital	employee	left	you	for	a	competitor?

                                                                        •	 If	you	and	your	spouse	co-owned	a	business	
                                                                           and your marriage ended in divorce?




                                                                             Take Action:
                                                                             Prepare for your Future
                                                                             Begin today by speaking with your
                                                                             AGLA representative about how life
                                                                             insurance can be used to protect
                                                                             your business and help plan for
                                                                             your estate.
This guide provides information on some common business insurance
concepts. The information is general in nature and is not intended to
be legal or tax advice. You should consult your attorney and tax
advisor in regard to your specific situation.

                                                                                                                            6
“We are changing the way Main Street small business
                 owners think about, purchase and use life insurance.”



                     Affordable, innovative life insurance you don’t have to die to use.




    www.qualityoflifeinsurance.com
    American General Life and Accident Insurance Company
    American General Center, Nashville, TN 37250

    www.agla.com

    The underwriting risks, financial and contractual obligations and support functions
    associated with products issued by American General Life and Accident Insurance
    Company (AGLA) are its responsibility. AGLA does not solicit business in the states of
    New York and Wyoming.

    Many of the concepts discussed in this guide involve life insurance products available
    through American General Life and Accident. Your AGLA representative will work with
    you and your professional advisors to help you determine the right policy and the
    appropriate amount of coverage for your specific situation.

    1
        Estate Exemption/Gift Exemption: In 2009, the federal estate tax exclusion is $3,500,000. There are no
        estate taxes due in the year 2010, however in 2011, due to the sunset provision of EGTRAA 2001, the
        exclusion returns to $1,000,000 unless Congress acts.

    AGLA2204 (0309)                                                                   © 2009 All rights reserved.

1

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Strategies for Protecting Your Business

  • 1. A Business Life Insurance and Estate Planning Guide 1
  • 2. Business owners don’t plan to fail… Often, they simply fail to plan. SMALL BUSINESS OWNER PLAN FOR SUCCESS Managing Risk Even if your business is profitable, there are The Small Business Administration has found that 70% of the country’s small businesses have potential risks that could negatively impact your no succession plan and fewer than 30% pass business. successfully from one generation to the next. A sound plan for protecting your business interest should include: 70% 30% Have • Protecting and preserving assets Have A No Plan Plan • Removing or reducing uncertainty • Providing financial security SOURCE: New York Times “Keeping the Family Happy”, May 1, 2006. 1
  • 3. Team Members Protecting your business is a big job and fortunately you’re not alone. A team of professionals can help you achieve your goals. Your team: Your American General Your Accountant Life and Accident Assists in the preparation of tax returns, risk Insurance Company assessments and other financial transactions. The services of a qualified accountant are (AGLA) representative instrumental in business and estate valuation. Provides life insurance products necessary to solve your business Your Attorney continuation, employee retention, Provides legal counsel, and can help you assess and estate planning needs. your business insurance needs. An attorney is responsible for preparing the necessary paperwork for solving estate planning problems. 2
  • 4. Business Continuation The unexpected loss of a key employee or business owner can cause economic uncertainty and jeopardize the profitable continuation of your business. SMALL BUSINESS OWNERS KNOWLEDGEABLE ABOUT BUSINESS LIFE INSURANCE 11% Yes 89% No National Federation of Independent Business: www.411sbcfacts.com as of July 2008 Key Person Life Insurance Protects your business against the financial loss that may occur at the untimely death of an individual whose expertise is vital to the success of your business. Your business is the Life Insurance as Credit owner, beneficiary, and payer of the life insurance policy. Protection Cash value life insurance owned by a business can be pledged as collateral Buy-Sell Agreement should the business need to obtain a Establishes the sales price of your business, loan. In addition, should an emergency obligates the buyer to buy and the seller to sell strike, the business can access the the business in advance. Protects the value of your business and provides for an orderly accumulated cash value through loans continuation of the business at the owner’s and/or withdrawals. death, disability or retirement. 3
  • 5. Employee Bonus and Retention Plans Your business is a valuable asset that needs to be protected. It is a source of income for you and your family, as well as for your employees. Executive Bonus I.R.C. Section 162 Your business pays a bonus to a key employee or business owner* that is used to purchase life insurance. Split-Dollar Insurance Your business and a key employee share the cost and benefits of a life insurance policy. Non-Qualified Deferred Compensation “Take away my factories, my plants; take away my railroads, my ships, my Your business utilizes cash value life insurance to fund an agreement providing transportation; take away my money; specified benefits payable at a future event, strip me of all of these, but leave me such as retirement, death or disability of a my people, and in two or three years key employee. I will have them all again.” -Attributed to Andrew Carnegie * If used for a business owner, the company would need to be a C-Corp to take advantage of the tax deductibility of the bonus paid. This guide provides information on some common business insurance concepts. The information is general in nature and is not intended to be legal or tax advice. You should consult your attorney and tax advisor in regard to your specific situation. 4
  • 6. Estate Planning Estate taxes and other costs can significantly reduce the amount of your estate you are able to pass on to your heirs. Wills FEW SMALL BUSINESS OWNERS CARRY EXTRA LIFE INSURANCE ON THEMSELVES An essential part of every estate plan. It determines, in writing, to whom and in what 33% manner your property will be distributed after Do 67% your death. State law determines how your Don’t estate is handled if you do not have a will. Trust Arrangements National Federation of Independent Business: www.411sbcfacts.com July 2008 Probate fees and estate taxes can be reduced or avoided by the use of one or more properly established trusts. Also, life insurance owned by a trust can provide funds to pay your estate Estate Equalization settlement costs.1 Life insurance can be used to provide equal shares of your estate to your children. By naming the children who are not involved in your business as beneficiaries at an amount equal to A 2007 survey of family owned the value of the business you intend to leave to businesses found that many haven’t your children who will inherit the business, you have “equalized” the value of your business prepared for succession or efficient included in your total estate. transfer of their wealth. Fewer than half of these business owners, who expect to retire within five years, had selected Charitable Gifts a successor, and nearly a third has By giving money or property to a charity, you done no estate planning beyond a will. can reduce the size of your estate. Charitable SOURCE: Wall Street Journal “Whose Business Will This Be?” gifts may also be income tax deductible. March 17, 2008 5
  • 7. Are you prepared? Would your business financially survive... • If a key person who contributes substantially to the profitability of your business dies prematurely? • If you were forced to become business partners with your deceased partners heirs who either don’t understand the business or are not interested in the businesses affairs? • If a vital employee left you for a competitor? • If you and your spouse co-owned a business and your marriage ended in divorce? Take Action: Prepare for your Future Begin today by speaking with your AGLA representative about how life insurance can be used to protect your business and help plan for your estate. This guide provides information on some common business insurance concepts. The information is general in nature and is not intended to be legal or tax advice. You should consult your attorney and tax advisor in regard to your specific situation. 6
  • 8. “We are changing the way Main Street small business owners think about, purchase and use life insurance.” Affordable, innovative life insurance you don’t have to die to use. www.qualityoflifeinsurance.com American General Life and Accident Insurance Company American General Center, Nashville, TN 37250 www.agla.com The underwriting risks, financial and contractual obligations and support functions associated with products issued by American General Life and Accident Insurance Company (AGLA) are its responsibility. AGLA does not solicit business in the states of New York and Wyoming. Many of the concepts discussed in this guide involve life insurance products available through American General Life and Accident. Your AGLA representative will work with you and your professional advisors to help you determine the right policy and the appropriate amount of coverage for your specific situation. 1 Estate Exemption/Gift Exemption: In 2009, the federal estate tax exclusion is $3,500,000. There are no estate taxes due in the year 2010, however in 2011, due to the sunset provision of EGTRAA 2001, the exclusion returns to $1,000,000 unless Congress acts. AGLA2204 (0309) © 2009 All rights reserved. 1