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Converting Tax-Deferred Retirement Plans to Life Insurance to Save Income Tax and Estate Tax

Assume that an older, wealthy widow(er)orit is a gift of a present interest in
divorced individual has a substantial amountproperty.Assume that the beneficiary does not
in tax-deferred retirement plans such asexercise the right to withdraw the donation.
defined contribution pension plans, 401kThe irrevocable life insurance trust will use
plans, 403b plans, and traditional IRAs. Thethe donation by the parent to pay the
widow(er) wants to leave the retirement planspremiums on the life insurance.Where does the
to his or her children.The problem is thatparent obtain the money to donate the money
when the children inherit the tax-deferredto the trust to pay the life insurance
retirement plans and take distributions frompremiums? The parent converts the balances in
them, the distributions are fully taxable tothe retirement plans into a life annuity.
the children. The retirement plans are incomeTherefore, the parent receives payments for
in respect of a decedent (known as IRD),life and uses part of them to pay the
which is taxable. In addition, the balancesinsurance premiums through the trust. At the
in the retirement plans are fully included inparent's death, the annuity is worth zero.
the decedent's gross estate for estate taxTherefore, the children do not have any
purposes.If the individual were marriedincome in respect of a decedent. Nothing from
rather than being a widow(er)or a divorcedthe annuity is included in the gross
individual, usually the individual would wantestate.The life insurance company pays the
to leave the money in the retirement plans tochildren the proceeds of the life insurance
his or her spouse. In that case, thepolicy. The proceeds of life insurance on
surviving spouse could transfer the moneyaccount of the death of the insured are not
into his or her own IRA and treat the accountsubject to income tax. They are not subject
as his or her own. The surviving spouseto estate tax because the decedent did not
would avoid income tax on the money in theown the policy.This plan allows the parent to
decedent's tax-deferred retirement plans.have an income stream during life from the
The bequest would also qualify for theannuity. The annuity payments would be fully
unlimited marital deduction for estate taxtaxable unless the individual has any basis
purposes.Is there any way to achieve thein the annuity. The individual will need to
parent's goal of having enough money to payuse other income tax planning techniques to
living expenses and yet leave a goodreduce the income tax resulting from the
inheritance to the children? The answer isannuity payments.This strategy converts
yes if the older, wealthy parent is insurableamounts that would be subject to income tax
for life insurance purposes.Here is how theand estate tax to amounts that are not
solution would work. The parent obtains asubject to income tax or estate tax in the
life insurance policy large enough to replacehands of the children. This strategy requires
the balances in all the tax-deferredthe services of a tax advisor, an attorney,
retirement plans. However, the parent is notand a life insurance agent. They all must be
the owner of the life insurance. The parentcompetent and exercise great care in
forms an irrevocable life insurance trustimplementing the strategy. However, if done
that has a "Crummey Powers" clause, and thecorrectly, this strategy can result in
irrevocable life insurance trust owns thesubstantial tax savings. It also gives the
life insurance policy. This technique willparent more peace of mind knowing that the
keep the value of the life insurance out ofchildren will not have to pay taxes on the
the decedent's gross estate.A "Crummeylife insurance.Alan D. Campbell is a CPA in
Powers" clause gets its name from a courtArkansas and Florida and is self-employed
case. It has to do with whether a gift isprimarily as an author of tax publications.
subject to gift tax. Gifts that are less thanHe earned a Ph.D. in accounting with an
the annual exclusion amount are exempt fromemphasis in taxation from the University of
gift tax as long as the gift is a presentNorth Texas. He is also admitted to practice
interest in property. A "Crummey Powers"before the United States Tax Court. He has
clause allows the beneficiary of a lifepublished numerous articles on tax topics in
insurance trust the right to withdraw giftsprofessional journals. He is the co-author of
made to the trust that the donor intends tothe book Tax Strategies for the Self-Employed
pay for life insurance premiums. As long asand the revision editor of CCH Financial and
the beneficiary has the right to withdraw theEstate Planning Guide, 15th edition.
donation under the "Crummey Powers" clause,



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