Lance Wallach | Captive Insurance Plans

Lance Wallach | Captive Insurance Plans

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  1. Captive Insurance Plans
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    Big Trouble Ahead For Many 419 Welfare Benefit Plan and 412i Retirement Plan Participants
    Posted on July 7, 2014 by captiveinsuranceplans
    Big Trouble Ahead For Many 419 Welfare Benefit Plan
    and 412i Retirement Plan Participants

    Aug 25, 2010
    By Lance Wallach

    Business owners and professionals who have adopted 419 welfare benefit plan arrangements are
    in serious trouble. The IRS has attacked these arrangements as “listed transactions.” Business
    owners who engage in a “listed transaction” must report such transactions on IRS Form 8886
    every year that they are participating in the transaction, and you are participating even in years
    when you do not make any contribution. Internal Revenue Code 6707A imposes severe penalties
    ($200,000 annually for a business and $100,000 per year for an individual) for failure to file
    Form 8886 with respect to a listed transaction. Tax Court, according to both the IRS Appeals
    Office and its own decisions, does not have jurisdiction to abate or lower any penalties imposed
    by the IRS. Complaints caused Congress to impose a moratorium on collection of Section
    6707A penalties. On June 1, 2010, the moratorium ended, and the IRS immediately began
    sending out notices warning of possible imposition of 6707A penalties. When you get this notice
    it should be taken very seriously.

    Accountants were required to properly prepare and file Form 8918 (if they signed and/or
    prepare tax returns and got paid). The penalty for accountants for not properly filing the forms
    is $100,000, or $200,000 if they are incorporated.

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  2. Friday, July 25, 2014
    412i plan problems or 412i problem go on the net for lance wallach or 412i…
    412i plan problems or 412i problem go on the net for lance wallach or 412i…
    Posted by lance wallach at 6:57 AM
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    Labels: 412i plans, 419e, 419e help, expert witness, irs audit, Lance Wallach, lance wallach expert witness
    1 comment:

    llance wallachAugust 12, 2014 at 1:02 PM
    IRS 412(i) Audit Initiative: Are All the Plans Bad?

    In the second case, the plan was funded exclusively with flexible premium annuity contracts – no life insurance of the type the IRS considers “abusive” (i.e., policies with high initial surrender charges). As in the first case, the carrier provided a rider to the contracts conforming them to the requirements of section 412(i). The annuity contracts were applied for in 2003, the first plan year, but were not signed and the first premiums were not paid until March of 2004. The insurance carrier has confirmed that the contract was in effect in 2003, per an oral binder given by the agent to the plan.

    After more than 18 months of protracted discussion, provision of voluminous documentation and detailed analyses of the legal authorities and the facts of the case, the IRS has conceded all issues except for one: was the annuity contract in effect for the first year of the plan? We have pointed out that there is nothing in the Code or the regulations that requires that the annuity contract be signed or the premium paid before the end of the first plan year. The Code simply states that the contract must commence with the date the participant enters the plan, and the carrier is prepared to certify that this was the case. The contract commences when the carrier certifies that there is coverage, not up

    ReplyDelete
  3. Friday, July 25, 2014
    412i plan problems or 412i problem go on the net for lance wallach or 412i…
    412i plan problems or 412i problem go on the net for lance wallach or 412i…
    Posted by lance wallach at 6:57 AM
    Email This
    BlogThis!
    Share to Twitter
    Share to Facebook
    Share to Pinterest

    Labels: 412i plans, 419e, 419e help, expert witness, irs audit, Lance Wallach, lance wallach expert witness
    1 comment:

    llance wallachAugust 12, 2014 at 1:02 PM
    IRS 412(i) Audit Initiative: Are All the Plans Bad?

    In the second case, the plan was funded exclusively with flexible premium annuity contracts – no life insurance of the type the IRS considers “abusive” (i.e., policies with high initial surrender charges). As in the first case, the carrier provided a rider to the contracts conforming them to the requirements of section 412(i). The annuity contracts were applied for in 2003, the first plan year, but were not signed and the first premiums were not paid until March of 2004. The insurance carrier has confirmed that the contract was in effect in 2003, per an oral binder given by the agent to the plan.

    After more than 18 months of protracted discussion, provision of voluminous documentation and detailed analyses of the legal authorities and the facts of the case, the IRS has conceded all issues except for one: was the annuity contract in effect for the first year of the plan? We have pointed out that there is nothing in the Code or the regulations that requires that the annuity contract be signed or the premium paid before the end of the first plan year. The Code simply states that the contract must commence with the date the participant enters the plan, and the carrier is prepared to certify that this was the case. The contract commences when the carrier certifies that there is coverage, not up

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    Structures Reviewed
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    IRS Audits Defended
    CPA,MBA,EA with 37 Years Experience at the IRS
    Structures Reviewed
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    CPA,MBA,EA with 37 Years Experience
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  5. Message: *

    Enter your comment here
    Structures Reviewed
    Proposals Reviewed
    IRS Audits Defended
    CPA,MBA,EA with 37 Years Experience at the IRS
    Structures Reviewed
    Proposals Reviewed
    IRS Audits Defended
    CPA,MBA,EA with 37 Years Experience
    Financial and Insurance Experts
    Former IRS Agents
    Certified Fraud Examiners
    CPAs
    Other Leading Authorities​ on Insurance and Taxation issues
    Fellow professional?
    Want to get published?
    CLICK HERE
    EXPERT WITNESS SERVICES
    516 938 -5007
    516 935-7346​​
    To e-mail Lance Wallach
    CLICK HERE

    NATIONAL OFFICES

    SUBMIT YOUR REQUEST HERE
    SECTION
    79
    PROBLEM​

    ReplyDelete