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Risk of death
Death is a risk which everyone is exposed . Life insurance agents need to help their clients understand the reality of this risk and the need to address it.
"MORTALITY RATE"
The probability that an individual will die
at a specific age
Risk of death is based on:
1. Life Expectancy
The average number of years a person within a certain group and age can expect to live
2. Probability of Death
The likelihood of a person within a certain group or age dying in a year expressed as a percentage
See table 1.1 Statistics compiled for each group of people
Agents should address the financial consequences of death when they assess the client's needs and explore the risk of death with a client such as loss of income, Debt repayment, Income taxes, estate creation, business impact, etc.
Different risks can be managed in different ways:
Life Insurance death benefit proceeds can be used to help
Risk management is the choice or choices a person makes in regard to the risk
1. Risk Avoidance: Avoid the situation or circumstance that exposes them to risk. For example, not smoking avoids risks associated with smoking
2. Risk reduction: This strategy is used when risk cannot be entirely avoided. Wearing a seat belt reduces your risk of personal injury in a car accident
3. Risk retention: Strategy where the individual accepts some or all of the risk
4. Risk transfer: When some or all of the risk is transferred - that is, moved from one to another.
A life insurance policy is a contract and an insurance contract may vary
A term Life insurance is a contract that promises to pay a death benefit over a set period of time or to a specific age
A permanent provides coverage over the lifetime of the life insured and ends upon the death of the insured. It does not need to be renewed.
A permanent life insurance with tax advantaged investing. Policyholders do not pay premiums, they make deposits to the policy.
Expand - Term life insurance
1. Attained Age: the age of the life insured on his last, nearest or next birthday
2. Original Age: the age of the life insured when the policy was first issued
Example: Manuel bought a term life insurance policy on Aug 12 2018. His DOB is
Nov 1 1984. His premium will be based on:
Age 33, if attained age is based on his last birthday
Age 34, if " based on his nearest birthday
Age 34, "" "" next birthday. (Almost the same as nearest birthday)
*Rule of thumb*: [6 months prior or during]
Expand - Permanent Insurance
Expand - Permanent Life Insurance
Expand - Universal Life Insurance
Continuous Expand - Universal Life Insurance
Continuous Expand - Universal Life Insurance to edit
The following riders increase the Death Benefit
Paid up additions (PUA) rider
Guaranteed Insurability Benefit (GIB)
Provides an option to increase coverage in the future without having to prove insurability
Pay an additional lump sum premium to purchase a small paid up permanent life insurance policy. No additional evidence of insurability is required and death benefit is increase with an increase csv
Accidental Death (AD) rider
Term Insurance
An accident increases the death benefit if death is a result of an accident
adds additional insurance coverage to an insurance policy for a limited period of time
Understanding how life insurance is taxed
The death benefit of a life insurance policy is paid to the beneficiary tax-free regardless of how long the policy has been in place, how much the policyholder has paid in premiums and regardless of the type of policy.
The death benefit includes the original face amount plus the entire amount paid out upon the death of the life insured.
Ex: if a Universal life policy offers a level death benefit plus account value, the beneficiary will receive the original face amount plus the value of the investment account tax free. o edit
When the policyholder disposes of some or all of his policy ownership, he may find there has been a policy gain.
The gain must be reported as income for tax purposes the year it is received.
The smaller the gain, the lower the tax exposure.
Poliy Gain = Proceeds of disposition - ACB
Ron Surrendered, proceeds of $20,000.
ACB of $17,000; Gain of $3,000$.
Ron Reports, $3,000 as income on his tax return
A policy disposition can be actual or deemed; to dispose means to get rid of something.
The disposition of a life insurance policy may result in tax for the policyholder. In an actual policy disposition, the policyholder has to give up some or all his ownership rights to his policy. Deemed disposition is considered to have gotten rid of some or all his policy and received proceeds
Ex. John is getting rid of all his ownership when he surrenders his policy and receives the cash surrender value.
According to the Income Tax Act, Dividends are considered deemed disposition of an interest. Therefore, it is taxable.
Policy gain = (dividend - amount used to pay an eligible premium) - ACB
In most cases where premiums are used for internal transactions (Paid up Additions, Term insurance, or repaying a policy loan), proceeds of disposition will be zero and therefore no policy gain.
Recall: Premiums paid by policyholder increases ACB
Dividends paid out in cash reduces ACB
A policyholder is said to fully surrender a life insurance policy when he cancels or terminates the policy. If a policyholder surrenders his policy, the proceeds of this disposition are equal to:
Policy Gain = CSV - loans (including interest)/unpaid premiums - ACB
CSV of $24,000, ACB of $10,000, Death benefit$200K
Policy gain = $24,000 - $10,000 = $14,000
If Marginal tax is 35%
Tax Payable = $14,000*35%
Tax payable of $4,900
Remaining CSV = $24,000 - $4,900
Remaining CSV = $19,100 after taxes
Partial surrender occurs when
Reduce face amount from $200,000 to $150,000.
% of Deemed disposition = (Initial DB - Final DB) / Initial DB = ($200k - $150k) / $200k
% of Deemed disposition = 25%
If Total CSV $24,000 and Total ACB $10,000; Prorated CSV to receive is $6,000
Prorated CSV upon partial surrender = Total CSV $24,000 * 25% = $6,000
Prorated ACB associated with reduction = Total ACB $10,000 * 25% = $2,500
Therefore, Policy Gain = Prorated CSV - Prorated ACB = $6,000 - $2,500 = $3,500
If Marginal tax = 35%
Taxable gain = Policy gain * Marginal Tax = $3,500 * 35% = $1,225
A partial surrender may also refer to a withdrawal even if there are no reduction on the coverage. Same prorated method is used for partial surrender/withdrawal
1) Prorated ACB = (Withdraw / Total CSV) * ACB
2) Policy gain = amount withdrawn - prorated ACB
Janine has DB $200K , ACB $65K, CSV $80K. Withdrawal $40K, marginal tax 35%
Prorated ACB = (Withdraw / Total CSV) * ACB = ($40k / $80k) * $65k
Prorated ACB = $32,500
Policy Gain = Withdraw - Prorated ACB = $40k - $32,500
Policy Gain = $7,500
Tax Payable = Policy Gain * Marginal Tax rate = $7,500 * 35%
Tax Payable = $2,625
After tax withdraw = Policy Gain - Tax Payable = $7,500 - $2,625
After Tax withdraw = $4,875
If the policyholder takes out a loan that is less than the adjusted cost basis (ACB), he will not have a policy gain, but the ACB will be reduced by the amount of the loan.
No Policy Gain if, Loan < ACB
Alicia took a loan $4,000, ACB $10,000
1) New ACB = Initial ACB - Loan
2) Policy Gain = Loan - New ACB
New ACB = Initial ACB - Loan = $10,000 - $4,000
New ACB = $6,000
Policy Gain = Loan - New ACB = $4,000 - $6,000
Policy Gain = ($2,000)
Policy Gain = $0; no policy gain
If a loan is re-payed, repayment is tax deductible up to the amount that had to be reported on income tax when it was first taken. If an amount re-payed is > policy gain, it increases ACB.
Alicia repays $12,000 out of $19,000 loan in 2015
Past Policy Gain was $9,000 in 2014
1) Tax deductible = 1$ to Max amount of Past Policy Gain
2) New ACB = Repayment - Past Policy gained
Tax deductible = $9,000 (Max Past policy gain)
New ACB = Repayment - Past Policy Gain
New ACB = $12,000 - $9,000
New ACB = +$3,000
(Her new ACB would increase by $3,000)
Issues of Tax exemption only applies to Permanent Life Insurance policies
It is important for a policy to be tax exempt to remain a tax-free growth on investment income. Taxes will only apply upon disposition with policy gains.
A non exempt policy will be taxed annually on income earned.
To determine if a policy is being used as insurance or disguised as an investment vehicle. Two rules are used:
The rules are both benchmarks against which policy growth is measured
To maintain exempt status, the cash value of a policy's accumulating fund cannot exceed the Maximum Tax Actuarial Reserve.
250% rule = CSV of 3 years before * 250%
If the CSV of 3 years after is more than the results then the policy will become Non exempt.
On 10th anniversary, CSV $$15,600.
On its 7th anniversary, Dean's policy has a CSV $4,200.
250% Rule = CSV year 7 * 250% = $10,500
250% rule < $15,600; therefore the policy will become non Exempt
If a policy fails the exempt test on its anniversary, the policy holder has 60 days to reverse the excess value and prevent the policy from completely becoming non exempt.
It is the cost of a life insuance policy for tax purposes*** The life insurance company calculates the ACB and informs the policyholder of the ACB amount (usually done when a taxable disposition has occured).
The larger the ACB, the lower the tax because the policy gain is smaller.
Example:
Marie surrendered her whole life policy. Proceeds (of the disposition) were $50,000. The ACB was $40,000. The policy gain was $10,000 and Marie reported the $10,000 as income.
There are 3 ways to calculate the ACB on the date the policy was "last acquired" - latest of the following dates
Ex: Leon acquired a policy on his wife's life and named his son as a beneficiary in 1962. When Leon died in 2006, ownership of the policy was switched to Leon's contingent owner. Last acquired date of the policy was 2006.
Last acquired date is important to determine a policy's exempt or non-exempt status
There are 3 Categories of policies
An absolute assignment change ownership, control and right under a life insurance policy from a holder to a new holder. There may be tax consequences as a result of an absolute assignment depending on who received ownership and how the transfer was accomplished.
Separate rules apply depending on who is the new owner
When an Arm's length transfer happens, proceeds of disposition are deemed equal to the CSV the Policyholder would have received if he had fully surrendered his policy. (Policy gain [If applicable] for the previous owner on transfer of onwership)
The person who acquires the policy, will receive the policy with an ACB equal to the CSV the previous holder would have recieved if he had fully surrendered the policy. (ACB = CSV when new owner recieves the ownership)
1. Transfer is done for no conditions
2. Life insured of the policy is the child
(Defining child - child, grandchild, great grandchild and person financially dependent on the policyholder before age 19)
Rollovers must be made directly to the child and not via a trustee.
The original holder will acquire a Policy gain:
Policy Gain = Proceeds - ACB
during a transfer of ownership towards an Arm's length party - Parties with no mutual relationship.
Taxes applicable on policy gain
If the policy holder is not the insured and dies, there is a deemed disposition. Original policy holder's death is treated like an absolute assignment for tax purposes; there will be tax consequences on policy gain added on other tax payable due for the original holder.
Exception - Rollover to Spouse, Rollover to a child and Contingent Policy Holder.
*** Contingent holder also known as a successor holder; probate (tax) on policy gain is avoided by naming a contingent holder but any policy gain must still be reported on the tax return of the deceased.
This section explores tax implications of various strategies used for Life Insurances
Hellen borrowed $200k from a bank. Collateral of her $500k UL policy, ACB $160k, CSV $250k. Annual premiums $12k and NCPI $3,200
1) % NCPI Deductible = Loan / Face amount
2) Deductible = % NCPI deductible * NCPI
%NCPI Deductible = Loan/Face amount = $200k/$500k
%NCPI Deductible = 40%
Deductible = %NCPI * NCPI = 40% * $3,200
Deductible = $1,280
Underwriting is the process an insurance company uses to assess the risk presented by the applicant. As a general rule, the higher the risk presented by the applicant, the higher the premiums will be charged.
Agent's insights and observations are important to the underwriter because agents are the "Eyes of the Insurance company"
Agents collects information needed to assess the risk. The informations is supplemented by other sources consulted by the underwriter.
Agents ensures the application is complete and accurate, identity of the applicaint is as stated by comparing name, date of birth and apprearance against government ID and signatures are true by witnessing the signatures on the application.
Agent's role in helping the client complete the application is somtimes referred to as "Field underwriting"
Agent also personally delivers the policy to the policy holder. The agent continues the process by ensuring the medical, personal and financial status of the policy holder and life insured have not changed since the application.
The agent helps the applicant to complete the application. Spending time with the applicant may reveal aspects of the individual that are not apprent from the written form.
The applicant is the person who wants to buy the policy and who will be the future policy holder. When the applicant is not the life insured, the name of a contingent or successor owner should be emphasized.
The applicant must identify a specific person as the life insured. An applicant can be the same person as the life insured.
Beneficiary is the person who will recieve the benefits when the life insured dies. They are revocable unless specified.
Mistakes may happen through misunderstanding or carelessness. A mistake can lead to the policy being voided during its first 2 years after the issue. If 2 years passed without discovering the mistake, the policy stands as being incontestable unless fraud has been committed.
Fraudulent misrepresentation happens when false information is provided intentionally to receive a policy with a higher death benefit or lower premium.
Smoking is one habit that applicants persistently lie about. If discovered the life insurance company may void the policy and refund the premiums and/or adjust premiums or the death benefit to reflect what is accurate given the smoking habit.
Attending Physician's statement (APS) is requested by an underwriter and provided by the personal physician of the life insured. The insurance company contacts the physician and pays any fees for the statement.
The underwriter may also request a medical exam especially if a large amount of insurance coverage is being applied for or the insured is older. The exam may include a range of physical tests.
Medical Information Bureau (MIB) exchanges medical information about applicants between insurance companies. The MIB is a membership of insurance companies and most life insurance companies in Canada and US choose to belong to the MIB.
Motor Vehicle Record (MVR) provides details of the insured's driving history, poor driving and correlation to higher risk of death.
Inspection report is completed by an independent contractor by a telephone interview or personal visit. It focuses on non-medical issues that need more details or investigation such as personal finances or dangerous hobbies.
Financial underwriting, just like medical underwriting, establishes financial health - that is the ability to pay premiums and the need for coverage.
Different underwriting criteria may apply to those who are not Canadian citizens - Permanent residents, awaiting permanent residency and international students. Read section 9.4.9
The policy holder must accept the policy by signing and dating an acknowledgement provided by the insurance company. Client has 10 days to rescind their policy rights; insurance company has 2 years to rescind the policy during the contestability period.