Tuesday, May 30, 2017

Follow the plan and get audited.

Follow the plan and get audited. 

What is a Section 79 Plan?Protection, Retirement, Innovation. A permanent benefit life insurance plan (using IRS codes) that can add substantial retirement income via sheltered cash accumulation and protection to the business owner(s) as well as the employees at a minimal cost and in a tax-advantaged way.


Why Would A Company (and a Business Owner) Want to Implement a Section 79 Plan*?

1. Additional Permanent Life Insurance Protection
2. No Limits on Funding
3. Tax-Deferred Growth of Funds
4. Employee Benefit with Minimal Costs
5. Tax Deductabilty of Plan
6. Income-Tax Free Survivor Benefit
7. Distances Assets from Company Creditors
8. 
Program Supported by Specific IRS Tax Code and Regulations

Structure:
FOR THE BUSINESS OWNER AND KEY EMPLOYEES
  1. Business Pays Tax Deductible Premium on Corporate
    Sponsored Group Life Insurance Policy (permanent
    life) on behalf of the business owner or key employee
  2. Life Insurance Company Issues Insurance Policy
    Insuring Key Employee's Life
  3. Premium is only Partially Taxable to Owner-Employee
    or Key Employee
    1. Employee Owns Policy and All Rights Associated with the Policy
    2. Income Tax-Free Death Benefit is Paid to Key
      Employee's Beneficiary
  4. Cash Value can be used to Provide Tax-Free
    Retirement Income
FOR EMPLOYEES
  1. Business Implements Group Life Insurance Plan. Employee Chooses Type and Benefit Amount.
  2. Typically, most employees select only $50,000 of Group Term Insurance Coverage Under the Plan (minimal cost).
  3. Company Pays Tax Deductible Premium for Employee(s) Selected Life Insurance Policy
  4. Employee Recognizes an "Economic Benefit" as Taxable Income (on policys > $50,000 Death Benefit) and Owns the Insurance Policy
  5. Death Benefit's Paid Income-Tax Free to Employee's Named Beneficiaries
  6. If the Employee Selects a Permanent Life Insurance Policy, the Employee Can Withdraw Excess Cash Value Income-Tax Free (Policy Loan) for Retirement Income.

3 comments:

  1. 6707A PENALTIES & 419 PLANS LITIGATION
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    Published Articles on VEBA Plans by Lance Wallach:
    MONDAY, FEBRUARY 25, 2013

    Pacific Life Insurance Co.


    Gordon Lee

    Re: Life Policy # VF51683620

    Dear Sir/Madam,

    I bought a One Million Dollard Life policy from your company in 2007 for Gordon H. Lee, Welfare Benefit Trust under 419 Plan. I particularly relied on the fact that your company had reviewed the plan and allowed your companies insurance into the plan. I have read a lot about other people being audited in this plan, and also about lawsuits against the plan and your company. I have also read some documents about your executives comments about this plan, and what they should have know with respect to the plan. I have discussed this with a lawyer who has been suing insurance companies in this respect. I do not especially want to sue, I just want to be made whole. If you are interested in discussing this I would like to do so.

    I have also discussed my situation with two people who have been writing extensively about these plans in publications. I told them that I would hope that your excellent company would make good to me, on a plan that they approved putting their insurance into. I told them that they do not have my permission to use my name at this time. If you want to settle with me they will never have my permission.

    I got audited in April of 2009 by IRS. Not only do I have to pay the tax on the income I excluded according to the 419 Plan for the Insurance Premium I paid to Pacific Life, I have to pay interest and penalty. Most devastatingly is the Sec. 6707A Penalty which was $200,000 for the Trust, and $100,000 for each individual each year. I now understand that the law is changed and the fine for not reporting will be a little less You and your agent never told me that I had to file the forms. I can prove that your company knew that there was a problem with the plan and the IRS.

    I did as Kevin Lee, your Broker/Agent to research with Pacific Life about the legality and applicability about this 419 Plan. And according to Kevin Lee, Pacific LIfe gave a green light on every aspect of this application. I did not want life insurance, just a legitimate tax deduction. I now have life insurance that I did not want, and have lost my tax deduction. I also owe money to the IRS.


    Because I partially relied on Pacific Life, therefore, it is would be fair for your company to cover my losses. If I sue I am sure that I will probably win. I have done extensive research into what is happening with respect to your company and these plans. I have also gotten a lot of information from the IRS.

    ReplyDelete
  2. While promoted highly by insurance advisors, Section 79 plans are often abused and therefore thoroughly audited and heavily penalized for unlawful practices.

    The issue

    Whether an employee can participate in an employer sponsored Section 79 plan (a group term life insurance plan as defined by the IRS) to obtain permanent benefits to be used for retirement.

    Facts: Client A is an employee of Firm B. Firm B makes the decision to commence a Section 79 plan for its employees. Client A has been informed that up to two-thirds of their contributions to such Section 79 plan would be tax deductible. Client A is also advised that the benefits derived from the Section 79 plan may be used for retirement benefits.

    The questions

    1. Under Code Section 79 and Treasury Regulation §1.79, is an employee allowed a tax deduction from individual adjusted gross income for contributions made to a Section 79 plan?

    2. If allowed, to what extent is tax deductible by the employee (and/or the employer)? Distinctively, may an employee deduct up to two-thirds of contributions made to this Section 79 plan?

    Under Section 79 of the Internal Revenue Code, is an employee able to receive permanent benefits to be used for retirement from an employer-sponsored Section 79 plan?

    ReplyDelete
  3. IRS tax relief firm, Lance Wallach, speaking
    Friday, May 23, 2014

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    Lance Wallach : Our Team Defends Insurance Agents Who Sold 419 and 412i Benefit Plans "life insurance expert witnesses...
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    ReplyDelete