DETERMINING THE PROPER INSURANCE AMOUNTS
1.Human Life Value Approach
Calculates the amount of money a person is expected to earn over his lifetime to determine the face amount of life insurance needed, thereby placing a dollar value on the life of an individual.
2. Needs Approach
A
method of life insurance planning which identify Buy-Sell Funding for Sole
Proprietors.
There is a two-step business continuation plan
to keep the business running after the proprietor’s death, whereby the employee
takes over management of the business:
•
Buy-Sell Plan: an attorney drafts a
buy-sell plan stating the employee’s agreement to purchase the proprietor’s
estate and sell the business at a price that has been agreed-upon beforehand.
•
Insurance Policy: the employee
purchases a life insurance policy on the life of the proprietor. The employee
is the policy owner, beneficiary, and pays the premiums. Upon the proprietor’s
death, the funds from the policy are used to buy the business. Buy-Sell Funding
for Partnerships
There
are two types of buy-sell agreements for partnerships: cross-purchase plans and
entity plans.
Cross-purchase plans:
In a cross-purchase plan, each partner buys, pays the premiums, and is the
beneficiary of a life insurance policy on each of the other partners. The
amount of the policy is equivalent to each partner’s share of the business.
When one partner dies, each of the other partners receives the death benefit
from the life insurance on the deceased partner, which is then used to buy the
deceased partner’s ownership of the business.
Entity plans:
the partnership itself agrees to buy the deceased partner’s share of the
business. Entity plans are best for businesses with several partners. In this
case, the business purchases, pays the premiums and is the beneficiary of life
insurance on each partner. Buy-Sell Funding for Close Corporations Unlike a
partnership, a close corporation (i.e. an incorporated family business) is
legally separate from its owners. It exists after one or more owners dies. A close
corporation may purchase either buy-sell plans: cross-purchase or entity.
The difference is that an entity plan is
termed a stock redemption plan for close corporations. Close Corporation
Cross-Purchase Plan Similar to partnership cross-purchase plans, a close
corporation cross-purchase plan requires surviving stockholders purchase the
deceased stockholder’s interest in the company, and the deceased stockholder’s
estate sell the interest to the surviving stockholders. The corporation is not
part of the buy-sell plan. Each stockholder owns, pays the premiums and is the
beneficiary of life insurance on each of the other stockholders in an amount
equal to his share of the corporation’s purchase price.
Close Corporation Stock Redemption Plan Similar to the partnership entity plan, the corporation purchases, is the owner, pays the premiums and is the beneficiary of life insurance policies on each stockholder. The amount of life insurance is equal to each stockholder’s share of the corporation’s purchase price. When a stockholder dies, the corporation purchases, or redeems, the deceased stockholder’s share.
Highly
Compensated Employees
An HCE is any employee who meets either an
ownership test or a compensation test at any time during the plan year in question
or in the immediately preceding plan year.
- Ownership test: An employee is an HCE based on ownership if he or she
owns more than 5% of the company sponsoring the plan at any time during
the current plan year or during the previous year.
- Compensation Test: All
compensation from a single employer (including all members of a controlled
group) must be aggregated for purposes of this limit. For the 2022 plan
year, an employee who earns more than $130,000 in 2021 is
an HCE. For the 2023 plan year, an employee who earns more than $135,000
in 2022 is an HCE.