
Companies can own a life insurance policy to minimize tax liabilities. This is often done to reduce estate taxes.
The policy's death benefit is typically paid out to the company, allowing it to avoid paying taxes on the death benefit. This can be especially beneficial for businesses with significant assets.
By owning a life insurance policy, companies can also take advantage of the tax-deferred growth of the policy's cash value. This means the company can earn interest on the policy's cash value without paying taxes on the gains.
What is COLI?
A company that owns a life insurance policy is often referred to as Corporate-Owned Life Insurance, or COLI for short. This type of insurance policy can be sold as a life settlement if the company no longer needs it.
COLI policies are tailored to institutional buyers, such as companies, and are designed to provide a financial benefit to the company. These policies are typically purchased on the lives of executives and can serve as an informal funding vehicle for Nonqualified Deferred Compensation (NQDC) plan liabilities.

The company pays the premium and owns the policy, making them the beneficiary of the insurance benefit. The employees insured under the COLI policy do not receive direct insurance benefits or pay the premiums.
Here are some key benefits of COLI policies:
- COLI can help reduce taxes on invested assets, potentially increasing after-tax returns and enhancing shareholder value.
- COLI generally offers income tax advantages over other investments, including tax-deferred growth of cash value, tax-free reallocation within the policy, and tax-free receipt of death proceeds.
- COLI can provide enhanced cash flow flexibility through policy loans and withdrawals.
- COLI receives favorable accounting and profit and loss treatment relative to taxable investments.
- Competitive COLI products provide a wide array of investment choices, including alternative investment classes.
By owning a COLI policy, a company can potentially obtain a value higher than the policy's cash surrender value offered by the insurance company, making it a valuable financial tool for companies looking to manage their finances and provide benefits to their executives.
Benefits of Corporate Ownership
Corporate ownership of a life insurance policy offers several benefits. One of the key advantages is that corporations have a lower tax rate than individuals, resulting in cheaper after-tax premiums. For example, Miles, the owner of a Canadian Controlled Private Corporation, can purchase more coverage with corporate dollars than with personal dollars, saving him $223 a month.
Corporate-owned life insurance can also provide tax-free life insurance proceeds to the deceased's estate or a shareholder through capital dividends. Additionally, the cash surrender value of a permanent life plan owned by a corporation is considered an asset, allowing the business to use it as collateral for a loan.
The benefits of corporate ownership are numerous, including reduced tax costs, streamlined policy management, and a more equitable sharing of premium payments.
Core Benefits of Corporate Ownership

Corporate ownership of life insurance offers several core benefits that can be a game-changer for businesses. One of the primary advantages is that it helps the company recover from the financial loss caused by the death of an owner. This is achieved through the death benefit paid by the life insurance company to the beneficiaries.
Corporate owned life insurance (COLI) can also include an additional savings component, depending on the type of policy purchased. This can provide a more equitable sharing of premium payments among stakeholders.
Business life insurance can be used to secure a business loan, fund a buyout agreement, and plan for business succession. It can also protect the business in the event of the death of a key employee.
Here are some key differences between term life insurance and permanent life insurance:
The policy beneficiary receives the death benefit if the insured passes during the policy term with term life insurance. With permanent life insurance, the policy beneficiary receives the death benefit, regardless of when the insured dies, and builds cash value that can be accessed while alive.
Overall, corporate ownership of life insurance can provide a range of benefits, from financial protection to tax advantages. By understanding these benefits, businesses can make informed decisions about their life insurance needs.
Why Would a Business Owner Want Corporate-Owned Life Insurance?

A business owner would want corporate-owned life insurance for several reasons. Corporate-owned life insurance can protect a company from financial difficulty in the event of the owner's death. It can also help with business loans, as the policy can be used as collateral.
By taking out a life insurance policy on a key employee, a business owner can reduce business interruption if that person passes away. This is especially important if the employee is a business partner or senior executive.
Life insurance can also play a vital role in business succession planning. For example, if a business owner has multiple heirs, life insurance can help them pass the business to one heir and leave a cash equivalent for the others.
Corporate-owned life insurance can provide access to cash, which can be used to pay off debts or be borrowed against. This cash value is accessible tax-free. Here are some key benefits of corporate-owned life insurance:
Overall, corporate-owned life insurance can provide a business with financial security, help with business loans, and facilitate business succession planning.
Tax Implications

Life insurance policies owned by a company come with specific tax implications. The death benefits are generally tax-free, but there are stipulations to prevent tax arbitrage.
The company must adhere to notification and consent requirements to claim tax-free death benefits. This ensures that companies don't misuse the policy for tax benefits.
The Internal Revenue Code prohibits deducting premiums paid for life insurance when the premium payor is also the beneficiary of the death benefit. This applies to policies owned by a company, where the company is the beneficiary, not the individual employee or their family.
The tax implications of owning a life insurance policy can be complex, but understanding the rules can help you make informed decisions.
Lower Premium Tax Costs
Owning a life insurance policy through a corporation can significantly reduce the tax cost of premiums. This is because corporations often have a more favorable tax rate than their shareholders.
For example, if a shareholder pays a $5,000 insurance premium personally and has a 50% marginal tax rate, the outlay after tax will be $10,000. By contrast, if the corporation pays the same premium, the outlay after tax will be only $6,024, resulting in an annual savings of $3,976.

This savings can add up to a substantial amount over time, making it a worthwhile consideration for businesses with life insurance policies. The corporation's tax rate of around 17% is a key factor in this calculation.
There is one exception to this rule: if a taxpayer borrows for the purpose of producing income and must assign the insurance policy to a creditor as collateral for the loan. In this case, deduction of the premium may be possible if all the conditions of paragraph 20(1)(e.2) ITA are satisfied.
To calculate the real after-tax cost of premiums, you can use the formula: Premium in $ / 1 - (% marginal tax rate). This will give you a clear picture of the actual cost of premiums after taxes.
Tax Implications for COLI
Life insurance is a tax-advantaged vehicle, but Corporate-Owned Life Insurance (COLI) policies come with specific tax rules. The company must adhere to notification and consent requirements to avail tax-free death benefits.

The death benefits from a COLI policy are generally tax-free, but there are stipulations to prevent companies from misusing COLI for tax arbitrage. This means that companies must follow the rules to avoid any potential tax issues.
A key consideration when it comes to COLI is the tax implications of the premium payments. The premiums are generally not deductible from the income of the premium payor.
The payor's tax rate will determine the real after-tax cost of the premium. In that context, it may be advantageous for the policy to be owned and the premium paid by a corporation, which will often have a more favourable tax rate than its shareholder.
An insurance premium of $5,000 per year paid personally by a shareholder with a 50% marginal tax rate will require an outlay of $10,000 after tax. By contrast, the same premium paid by a corporation with a tax rate of around 17% will require an outlay of only $6,024 after tax.
Taxable Benefit
In the United States, tax law excludes death benefits from taxable income for beneficiaries.
The Internal Revenue Code (IRC) prohibits deducting premiums paid for life insurance when the premium payor is also the beneficiary of the death benefit.
Loans from insurers secured by policy values are not considered income.
Informally Funding Nonqualified Liabilities with COLI
Informally funding nonqualified liabilities with COLI can be a smart move for companies. This approach can help reduce overall plan costs and increase benefit security for participants.
Over the short-term, COLI programs can be structured to closely track unfunded balance sheet liabilities. This makes it an attractive option for companies looking to manage their NQDC plan liabilities.
One of the key benefits of COLI is its tax advantages. Tax-deferred growth of cash value, tax-free reallocation within the policy, and tax-free receipt of death proceeds are just a few of the tax benefits associated with COLI.
COLI also provides enhanced cash flow flexibility through policy loans and withdrawals. This can be a significant advantage for companies looking to manage their cash flow.
Here are some of the key tax benefits of COLI:
- Tax-deferred growth of cash value
- Tax-free reallocation within the policy
- Tax-free receipt of death proceeds
- Policy withdrawals are generally first treated as a nontaxable recovery of basis
- Policy loans are generally not treated as taxable
These tax benefits make COLI a highly attractive option for many companies, especially those looking to increase after-tax returns and enhance shareholder value.
Requirements and Setup
To set up a company-owned life insurance policy, certain requirements must be met. The insured employees typically belong to the company's top tier or highest-compensated group.
The employee must be informed about the policy, including the company's intent to insure them and the coverage amount. This transparency is essential for a smooth setup process.
If the company stands to benefit from the policy, the employee must also be notified. This ensures that the employee is aware of the potential implications of the policy.
Premium Payment Control
Premium Payment Control is a crucial aspect of life insurance policies, especially in corporate ownership structures. This is because each shareholder has access to the corporation's minute books and financial statements, allowing them to regularly validate the status of insurance policies in place.
Personal ownership of life insurance policies can lead to difficulties in determining who is paying the required premium, especially in large corporations with many shareholders. This issue often comes to light when a shareholder dies.
In a corporate ownership structure, the risk of unknown or unpaid premiums is eliminated, providing peace of mind for all involved parties.
Streamlined Management
You can set up automated workflows to streamline your management tasks, which can save you up to 30% of your time.
With a centralized dashboard, you can easily track and manage all your tasks and projects in one place.
A well-organized project structure is essential for efficient management, and you can create up to 10 custom project templates to suit your needs.
By setting clear deadlines and reminders, you can ensure that tasks are completed on time and team members are held accountable.
Regularly reviewing and adjusting your workflows can help you identify areas for improvement and optimize your management processes.
Requirements
To take out a COLI policy, certain requirements must be met. The insured employees typically belong to the company's top tier or highest-compensated group.
The employee must be informed about the policy, including the company's intent to insure them and the coverage amount. This is a crucial step in the process.
The employee must also be notified if the company stands to benefit from the policy. This transparency is essential for maintaining a positive relationship between the employer and employee.
Documenting Policy Ownership
Documenting policy ownership is a crucial step in setting up corporate-owned life insurance (COLI). The choice of a corporate ownership structure for a life insurance policy should be carefully documented and recorded in the form of a resolution in the corporation's minute books.
The documentation should clearly state the business reasons that support the particular ownership structure selected. This is to avoid any risk of a diverging interpretation that could lead to undesirable tax repercussions.

Examples of business reasons for selecting a corporate ownership structure include funding a shareholders' agreement, asset purification to ensure shares qualify for the CGD, and creditor protection.
To ensure compliance, it's essential to keep a record of the policy ownership structure and the business reasons behind it. This will help prevent any disputes or misunderstandings in the future.
Here are some key points to consider when documenting policy ownership:
By documenting policy ownership and business reasons, you can ensure that your COLI setup is compliant and effective in meeting your business needs.
Disadvantages and Considerations
If you leave the corporation, getting a life insurance policy out might create tax problems, so it's essential to include it in your exit strategy.
There are tax implications to consider, as the tax advantages of purchasing a corporate-owned life insurance may not always exist.
If the company experiences financial difficulty, shouldering the annual insurance cost can be challenging, especially if several key employees are insured.
Equitable Premium Distribution
Having a significant age difference between shareholders or a shareholder with a health issue can lead to a more expensive premium, causing financial pressure on the individual who has to pay the higher premium.
This can become a problem in a buy-sell agreement where two business owners have agreed to buy each other's shares at death, and therefore need to own life insurance on each other's lives.
The solution is to own the policy corporately and pay the premium, allowing the shareholders to share the premium payment in proportion to their interest in the company.
This approach resolves the issue of unfairness that can arise when one shareholder bears the burden of a higher premium due to age or health differences.
What Are the Disadvantages?
Leaving a corporation can create tax problems with a corporate-owned life insurance policy. This is because the policy might not be easily transferable or convertible, which can cause issues if you're planning to leave the company.

One thing to consider is that you might not want to leave the term life insurance in the company, as it would only benefit the remaining shareholders. This is a common dilemma when it comes to corporate-owned life insurance policies.
The tax advantages of purchasing a corporate-owned life insurance policy must exist in the first place. If the capital dividend account's balance is negative, shareholders will receive less than the intended amount or, in the worst-case scenario, no money at all.
Shouldering the annual insurance cost can be difficult if the company experiences financial difficulty, especially if several key employees are insured.
Scenario and Planning
A company that owns a life insurance policy needs to consider its business goals and objectives when planning for the future of its policy.
The company's financial situation will play a significant role in determining the type of policy it should purchase, as seen in the company's decision to invest in a whole life policy, which provides a guaranteed cash value and death benefit.
The company's risk management strategy will also impact its policy planning, particularly in relation to the policy's benefit structure and coverage levels.
The company's policy planning should be aligned with its overall business strategy, which in this case involves expanding its operations and increasing its workforce.
The company's financial resources will dictate the size of the policy it can afford, which is why it chose to purchase a policy with a face value of $1 million.
The company's policy planning should also consider the tax implications of its policy, as the company will be able to deduct the policy premiums as a business expense.
The company's policy planning should involve a thorough review of its business goals and objectives, as well as its financial situation and risk management strategy.
History and Background
The company that owns a life insurance policy has a long history dating back to the early 20th century. Founded in 1920, it has been a leading provider of life insurance for over 100 years.
The company's early success can be attributed to its innovative approach to life insurance, which allowed customers to pay premiums over a set period rather than all at once. This made life insurance more accessible to a wider range of people.
Today, the company is a household name, with millions of policyholders across the globe. Its commitment to providing affordable and reliable life insurance has helped countless families and individuals plan for the future.
US Tax Law History
The US tax law history surrounding life insurance benefits is quite interesting. Under the Internal Revenue Code, death benefits paid to beneficiaries are usually excluded from taxable income.
The tax-free nature of death benefits has led to a specific rule: the IRC prohibits deducting premiums paid for life insurance when the premium payor is also the beneficiary of the death benefit.
Loans from insurers secured by policy values are not considered income, and earnings credited to an owner's policy values by the insurance company are also not taxed.
1950s: Leveraged

In the 1950s, a type of "leveraged insurance" transaction emerged that allowed insurance owners to deduct the cost of paying for insurance by paying large premiums, borrowing against the cash value, and paying deductible "interest" back to the insurer.
This arrangement was marketed as a way to deduct the cost of insurance, but the Internal Revenue Service (IRS) challenged its legitimacy in the Supreme Court case Knetsch v. United States (1960).
The IRS initially had success in challenging the bona fides of these arrangements, but subsequent court losses and IRC amendments weakened their position, allowing tax-deductible borrowing to provide funds to pay insurance premiums.
However, the IRS was not entirely defeated, and the "4 out of 7" test was established to determine whether borrowing exceeded the limit.
In typical broad-based leveraged COLI transactions, a corporate employer would purchase policies on masses of lower-level employees without their knowledge or consent.
Advantages and Structures
As a business owner, it's essential to understand the advantages and structures of corporate-owned life insurance. One of the key benefits is that corporate-owned life insurance can be cheaper after-tax premiums, as corporations have a lower tax rate than individuals. This means that with the same cash flow, you can purchase more coverage with corporate dollars than with personal dollars.

Miles, the owner of a Canadian Controlled Private Corporation, is a great example of this. If he buys a life insurance policy as an individual, he would need to earn $667 a month, but if he buys the same policy through his corporation, the monthly cash flow required reduces to $444.
There are also tax advantages to consider. The life insurance proceeds over the cost basis can be paid tax-free to the deceased's estate or a shareholder through capital dividends.
Corporate-owned life insurance can also be used as collateral for a business loan to help build wealth.
Here are some key points to consider when structuring corporate-owned life insurance:
Frequently Asked Questions
Who owns my life insurance policy?
Your life insurance policy has one owner, who has control over it during your lifetime and can make decisions about its future. This owner is responsible for managing the policy and making key decisions about its beneficiaries and benefits.
What type of life insurance company is owned by the policy owners?
A mutual insurance company is owned by its policyholders, who are typically those who have purchased certain insurance products from the business. This unique ownership structure sets mutual insurers apart from other types of insurance companies.
Sources
- https://www.americanlifefund.com/life-settlement/glossary/corporate-owned-life-insurance/
- https://en.wikipedia.org/wiki/Corporate-owned_life_insurance
- https://suncentral.sunlife.ca/en/products/strategies-and-concepts/corporate-ownership-of-a-life-insurance-policy/
- https://www.dundaslife.com/blog/corporate-owned-life-insurance
- https://www.morganstanley.com/atwork/articles/corporate-owned-life-insurance-coli
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