Whole Life Policies: Tapping Cash Value as Alternative to Equity Investing

Whole life insurance policies have taken the spotlight as investors seek secure investment alternatives to today’s rocky equity markets. Not only do these policies provide for tax-deferred growth, but they come with many of the guarantees sought by clients today.

The market for these policies is soaring, as clients see them as vehicles allowing for a return on their investment in the life insurance contract without the risks inherent to investing in the open markets. An advisor’s guidance can be critical in determining whether a whole life policy is a smart investment for any given client and can also provide invaluable in navigating the often-complex rules governing the tax treatment of these policies.

The Resurgence of Whole Life Insurance

The stock market losses sustained by your clients in the past few years have them scrambling for alternative investment avenues. They simply are not willing to continue to risk their savings in what is often perceived as a volatile (and hostile) investing environment. A whole life insurance policy may provide a safe long-term investment because the investment in the contract grows tax-deferred and often at a guaranteed rate regardless of how the stock markets are performing.

At its most basic level, a whole life insurance policy requires that an investor pay a level premium each year, and provides for a guaranteed death benefit on the death of the insured. However, these policies also contain an investment component. A portion of the premiums paid is invested by the company issuing the policy, building cash value in the policy that the insured can borrow against.

Further, many of these policies pay an annual dividend, which is sometimes set at a guaranteed rate over the life of the policy and can be as high as 6% per year. These guaranteed dividends make whole life policies attractive for many investors looking for an income stream from their investments.

It is important to note that a whole life policy is a long-term investment—it may be necessary to pay premiums over a period of 15 to 20 years in order to realize a decent return on the investment.

Accessing the Cash Value of the Policy: Tax Implications

The advice of a financial advisor is critical in determining if and when withdrawing against the cash value of the policy is a smart choice. In general, the policyholder can borrow against the accumulated cash value without paying taxes or interest on the amount withdrawn. Of course, there are exceptions and consequences that must be considered when making these withdrawals.

Any withdrawals that are not repaid before the insured’s death will reduce the death benefit payable on the policy, so if the policy is purchased primarily to provide for the policyholder’s beneficiaries, withdrawals may not always be appropriate.

Despite the general rule, withdrawals are sometimes taxable. For example, if the withdrawal is made during the first 15 years of the policy’s existence and reduces the death benefit payable, the amount may have to be included in gross income. Any withdrawal that exceeds the taxpayer’s basis in the policy will be subject to income taxation.

In some cases, if the withdrawal is for more than the policy’s cash surrender value, the insurer can increase the premiums required to maintain the same death benefit under the policy. A substantial increase could cause the policyholder to have trouble meeting premium payments, in which case the policy would lapse and the investment could be lost.

Conclusion

For those clients who continue to shy away from equity investing, a whole life insurance policy can provide a viable alternative by offering guaranteed dividends and tax-deferred growth. It is, of course, important to examine each client’s financial position to determine whether the long-term investment required in the way of annual premiums is the best option in any given situation.

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About the Author
William H. Byrnes, Esq.

William H. Byrnes, Esq.

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow, is the leader of Summit Business Media's Financial Advisory Publications, having been appointed July 1, 2010. He has been an author and editor of 10 books and treatises and 17 chapters for Lexis-Nexis, Wolters Kluwer, Thomson-Reuters, Oxford University Press, Edward Elgar, and Wilmington, as well as numerous commissioned, peer-reviewed, and law review articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, which subsequently amalgamated into PricewaterhouseCoopers, practicing in Africa, Europe, Asia, and the Caribbean.

He has been commissioned and consulted by a number of governments on their tax and fiscal policy from policy formation to regime impact. He has served as an operational board member for companies in several industries including fashion, durable medical equipment, office furniture, and technology. Since 1994, he has been a professional trainer for professional association conferences, government workshops, and financial service institutions in-house meetings.

Before Associate Dean Byrnes joined the administration of Thomas Jefferson School of Law, he was a tenured law faculty member at St. Thomas School of Law. He serves on the Academic Committee of the American Academy of Financial Management. He created the first online graduate program offered to wealth managers and life insurance producers without any legal background—see http://llmprogram.tjsl.edu (Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law).

Email: wbyrnes@nationalunderwriteradvancedmarkets.com

About the Author
Robert Bloink, Esq., LL.M.

Robert Bloink, Esq., LL.M.

Robert Bloink is a professor of tax for the Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law.

Previously, he served as Senior Attorney in the IRS Office of Chief Counsel, Large and Mid-Sized Business Division, where he litigated many cases in the U.S. Tax Court, served as Liaison Counsel for the Offshore Compliance Technical Assistance Program, coordinated examination programs audit teams on the development of issues for large corporate taxpayers, and taught continuing education seminars to Senior Revenue Agents involved in Large Case Exams. In his governmental capacity, Mr. Bloink became recognized as an expert in the taxation of financial structured products and was responsible for the IRS’ first FSA addressing variable forward contracts. Mr. Bloink’s core competencies led to his involvement in prosecuting some of the biggest corporate tax shelters in the history or our country.

 

Mr. Bloink's insurance practice incorporates sophisticated wealth transfer techniques, as well as counseling institutions in the context of their insurance portfolios and other mortality based exposures. 

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