March 1, 2021

Insurance When You Are Getting Married

1 min read
Today’s job applicants are encountering a lack of courtesy that is all too common. Another...

Today’s job applicants are encountering a lack of courtesy that is all too common. Another planning opportunity for partnership-owned life insurance deals with buy-sell agreements. Buy-sell agreements for corporations with more than two shareholders create several potential problems. First, with the popular cross-purchase or wait-and-see buy-sell agreement (so that the surviving shareholders receive a stepped-up basis in their shares and a C corporation avoids paying the Alternative Minimum Tax), either a trusteed business plan buy-sell arrangement must be used or multiple policies must be purchased (i.e., each shareholder must own a policy on each other shareholder’s life). For example, with four shareholders, you would need 12 policies. Second, a transfer-for-value may occur at the death of a shareholder as the deceased shareholder’s interests in the surviving shareholders’ policies are purchased by the surviving shareholders. If so, a portion of the insurance proceeds will be subject to income taxes. IRC Section 101(a)(2).