How does Disability Insurance protect a Buy-Sell Agreement?

Disability Buy-Sell Agreements

 

A detailed look at two ways to guard against potential liabilities when a significant shareholder becomes disabled.

Two strategies protect shareholders against the liabilities of another significant shareholder becoming disabled.

Criss-Cross Buy-Sell Agreement

  • The agreement provides for a mandatory sale and purchase of an interest in the corporation once a shareholder has been disabled for a specified period.
  • Shareholders own disability insurance on each other to fund the purchase.
  • The agreement guarantees to purchase the disabled partner’s business interest throughout the policy’s payout period.
  • Premiums are paid with after-tax income.
  • Policyowners receive tax-free disability benefits.
  • An allowable reserve can offset capital gains on the asset’s sale for a time if the entire proceeds are not collected upfront.
  • Personally owned income replacement insurance is generally purchased in addition to the above coverage to provide an income (in addition to the buy-out benefit) to the disabled shareholder.

Corporate Share Redemption

  • The agreement provides for the mandatory redemption of the shares once a shareholder has been disabled for a specified period.
  • A taxable dividend, equivalent to the total amount of the purchase price, less the paid-up capital value of those shares, is deemed to have been received in the year in which the redemption of the shares takes place.
  • The dividend is subject to the Dividend Tax Credit and the Alternative Minimum Tax rules.
  • A lump-sum disability insurance contract owned by the corporation covers the funds required for the redemption.
  • The corporation could pay out an amount in addition to the redemption value to cover taxes payable by the disabled shareholder.
  • A promissory note can cover shortfalls in payment

Note: Life insurance taxation varies in accord with the strategies used by the life insurance specialist, changing legislation, and hiring an accountant to guide significant business strategies relative to succession or an estate.

Why is an estate plan important for retiring business owners

When a business represents the major component of an estate, planning is vital. Entrepreneurs may think about retirement planning, yet not all business owners implement plans to allow them sufficient freedom to follow their leisure dreams. If you ask the owner of a successful small business if he or she plans to retire, you may hear, “I will never retire because I love what I do”, or “I will retire in 10 years or so.”

Why is this risky planning? Those who feel they never want to retire may not have developed retirement investment interests outside of the company aside from RRSPs. However, most believe their company will provide investment capital when sold, or, if passed on to the next generation, a salary or dividend payments.

Are all your eggs in one basket? Therefore, for some, their personal financial stability is riding on the future success of the company. When a business represents the major value of an estate, planning becomes necessary. Yet, many are not convinced that they need to plan their estate or the succession of their business.

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Estate Planning is vital to Succession Planning. Despite the financial importance of their business, most business owners do not know what the tax liability would be if both spouses were to die. An estate plan can ensure that these taxes will be paid from one or a combination of the following sources:

  • Life insurance;
  • The business, from cash flow or liquid assets;
  • RRSPs (also taxed when both spouses die);
  • Non-registered investments.

Consider the following:

  • Take the time to do some basic estate planning to determine who will take over the company, and where your retirement income will come from. Revise or complete both your will and power of attorney. Review your personal and/or corporate-owned life insurance, disability coverage, critical illness insurance, long-term care insurance and key-person insurance.
  • Many business owners carry life insurance but miss a very important coverage related to health. Disability insurance and/or critical illness insurance can pay off a buy-sell agreement and provide income.
  • In some cases, the payment of relatively small life insurance premiums can entirely solve the estate’s future capital gains tax problems, or generate capital to replace the tax that will be payable on your RRSPs when both spouses die.
  • Life insurance can also eliminate company debt and help a succeeding son or daughter with new business capital. Finally, it can help fairly equalize the division of your estate among all of your heirs.

How can Life Insurance insure Estate Planning tactics?

A testamentary trust is established in a will. It directs a named trustee to manage and distribute assets and income to named beneficiaries of the trust.

You can designate the number of years it will survive, within permissible, legal limits. The trust becomes effective at the time the will is probated. The assets undergo the probate process and are therefore, exposed to creditors’ claims. If your intent is to avoid probate, a living trust would be a more suitable alternative.

Individuals commonly choose between two types of trusts: family and spousal. Family trusts are established to:

  • Protect the interests of underage children and any family member with special needs.
  • Safeguard adult children’s assets from creditors or divorce settlements.
  • Manage funds for spendthrift adult children.
  • Minimize disclosure of small business assets that could be susceptible to lawsuits or creditors

Spousal trusts are established to provide your spouse with funds. These trusts also:

  • Protect your children’s assets should your spouse remarry.
  • Assure the inheritance of children from a previous marriage.
  • Reduce income tax through income splitting.

Funding trusts
If an estate will have significant capital gains tax due and/or debts, consider using life insurance to cover all liabilities. You can also increase the death benefit to pay off business agreement liabilities (if any) and provide specific trusts with the necessary cash.

How can life insurance protect key business people?

Every business has one or more key players who lead.  Our economy depends on small family businesses which employ millions of people. If family businesses are to remain successful in our fast-paced economy, they must address the following issues:

Continuing success depends on leadership.  Continued success may depend on the leadership of the founding owner. If the owner desires to retire in 10 or 15 years, succession planning may be necessary today. Have you made plans to sell, or to pass the company on to the children or another successor?

Talk to your CA or tax lawyer to assess possible capital gains tax liabilities. If these liabilities exist, life insurance policies may be able to solve the problem in advance; purchased individually or jointly on the lives of the owner and/or the spouse while in reasonably good health.

If the owner of the company will depend on the company’s resources for retirement income, it may need to be budgeted as an ongoing disbursement during his or her retirement via a salary or dividend payments.

Groom successors to take over the business. An immediate (as well as long-term) successor can be groomed to take over the company, just in case the owner suffers a disability. Owners need to ask, “What would happen if I was laid up and incapable of giving directives? Would that force a quick sale of my company?”

To prepare for the potential event of a disability, owners should make sure that they are covered with both disability and critical illness insurance to replace income or deliver a lump sum emergency benefit.

What could happen if a business owner died unprepared? Life insurance can meet capital needs and cover liabilities such as company debt. Acquiring loans may be harder for unknown successors. Servicing debt could get costly if interest rates go up. Life insurance can wipe out company debt entirely upon an owner’s death, spouse’s death, or after both have died (using a joint-last-to-die policy).

Owners need to make sure that key family members actively working in the company (including active owners), and important employees, are covered with key-person insurance. If a key-person is afflicted with a disability or dies, the business may need money to acquire replacement help.

Agreements direct the insurance benefit’s use. Buy-sell agreements are essential for partnerships and many corporations. Often family members in joint ventures will overlook this planning device as they feel they can solve business issues when one dies or is disabled. Without proper pre-planning, businesses could get bogged down in conflicts, and may not have enough capital to buy out the interest of a partner. Back up the agreement with life insurance, disability insurance, including critical illness insurance coverage to solve these often hidden business risks.

Can you pay your bills if disabled?

Disability insurance (DI) can be purchased from a life insurance company to cover up to 80% of your regular income (or more) if you become disabled. This coverage is referred to as “income replacement” insurance.

If you work for a corporation, your employer may offer a group plan with short-term disability (DI) coverage. Could you review it to determine the coverage period and ensure it meets at least 60% of your current income for longer than three months?

Additional DI can be purchased (and owned privately) to extend the income payment period and increment payments to the increasing cost of living. Some policies increase paycheques according to the consumer price index (CPI).

If self-employed, If you have dependents, it is essential to ensure that you have income replacement insurance to pay your expenses until age 65. Caring for your own needs is also wise if you are single.

Consider the following questions about where the money might come from if you could not earn a living for a month, a year or forever.

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  • Would withdrawing part or all of your retirement savings and money on deposit at the bank to use as income when convalescing affect your retirement?
  • If you need to access the equity or your home to create an income, will this deplete your net worth?
  • Could you borrow money if your banker knew you might never work again?
  • Could you live on your spouse’s income?
  • Could you ask a parent, sibling or friend to loan you money? How would you repay it?
  • Would you rely on the government to pay a disability income that lasts until you retire?
  • Would you want to sell your house or cottage?

Note: Life insurance taxation varies in accord with the strategies used by the life insurance specialist, changing legislation, and hiring an accountant to guide effective business strategies relative to succession or an estate.

Does your business need an Estate Freeze?

If your business assets possess the potential for significant capital gains, and you have children who might take over the company, an estate freeze may be worthwhile considering. An estate plan can assess the fair market value of an estate and the potential tax on the capital gains that will be due.

shutterstock_69171412 MEDIUM SIZEThe company’s value can be reasonably pre-established with your input, as opposed to your executors and lawyers negotiating with Canada Revenue Agency (CRA) after your death. Ask your tax accountant how an estate freeze would affect your business and if this is the most viable option to consider when transferring or selling your business to your heirs.

Estate planning will help you determine who will be the beneficiaries of your estate, who will take over the company, or if you should sell your assets currently.

An estate freeze or a partial freeze is a way to transfer all or a portion of the new growth in the value of the company to the new owner-heirs. You exchange all or a portion of your existing equity for a class of non-growth voting preferred shares. These preferred shares allow for a fixed income in retirement and the maintenance of future control, enabling a fall-back contingency for the freezor to assume a takeover (to save the company from poor management by the new heirs or to sell the company etc.).

Due to the technical complexity of an estate freeze, and potential changes to tax legislation professionals must be consulted when considering this option.

Estate freezes coupled with the intelligent use of life insurance can help reduce the effect of a massive tax-bite on your estate. Such planning can also free up capital for retirement because life insurance can pay the tax bill versus using any money saved for retirement.

Prescription Drug Benefits

Prescription Drug Benefits 

Drug plans are one of the main attractions in a benefit package for a plan member and is one of the most highly used benefits by two thirds of plan members. A range of drug plan and drug formularies can be tailored to suit your organization’s needs; allowing you to better manage your prescription drug benefits versus costs while still providing your plan members with coverage they value.

You may choose from plan designs offering a range of coverage, including the following managed drug plan:

Prescription drug plan:  Prescription drugs are a fast-rising cost component of group healthcare claims due to cut-backs in government-sponsored plans, Canada’s aging population and the introduction of new, more expensive drugs. The plans provide coverage for drugs that require a prescription for dispensing or for sale; which includes some life-sustaining drugs which may be available without a prescription; or may include or exclude over-the-counter drugs.

Claims Payment Options:  You can choose the method of claims payment your plan members will use for their drug purchases.

Reimbursement: This is the traditional payment option where plan members pay for their prescriptions at the time of purchase and submit their claims on paper for later reimbursement.

Pay-Direct Drug Card: This system allows for on-the-spot claims processing of prescription drugs at almost any pharmacy in Canada. A plan member presents his or her card to the pharmacist, who submits the claim electronically. The plan member’s eligibility and drug coverage is confirmed and he or she pays only the portion not covered by the plan.

Deferred drug card: This system is similar to on-the-spot processing of prescription drugs submitted electronically by the pharmacist at the point of sale. The plan member pays for his or her prescriptions and is reimbursed by cheque once a dollar-amount or time-period threshold is reached.

Note: Plans and coverage will also vary depending on the carrier used.

Group Benefits Overview

Group Benefits Overview 

We understand that your business is unique; whether you have ten or thousands of people working for you. Group Benefits typically include life, disability, health, and dental insurance coverage and many include other benefits such as Accidental Death and Critical Illness insurance, Health Spending Accounts and wellness programs. The advantage to the employer is that these benefits attract and retain quality employees. When corporations aim to acquire top employee talent they often are drawn to provide a superior employee benefits package.

What are the benefits for your business? A well-designed group insurance plan tailored to your employees adds exceptional value to your total compensation package. Often the best employees view their benefit plan as a major reason why they stay with their current employer.

 Comprehensive group insurance plan can help you to:

  • Attract high-quality employees
  • Imparts trust that your company cares about family values and health
  • Maximizes loyalty and reduces turnover
  • Encourages a healthy work environment
  • Improves productivity while it reduces absenteeism
  • Pays compensation in a tax-effective manner
  • Sets you apart from your competitors

Benefits for your employees:  Group insurance plans can offer financial and health solutions to your employees and their families in many areas including:

  • Prescription drug care
  • Dental care
  • Supplementary medical services
  • Life Insurance
  • Accidental death and dismemberment insurance
  • Disability – Income Replacement Plans
  • Critical Illness Plans
  • Hospitalization

Every group has unique requirements. Group benefit plans vary depending on the size of the group, your business objectives and financial budget. Once assessed, we will recommend a plan that makes the most sense for your business. You can also address any challenges you’ve had with your current group insurance carrier as we work with them to help resolve any issues. Prior to your policy’s renewal date, we ensure that your policy continues to meet your company’s and employees’ needs while you continue to receive coverage, service and pricing from your carrier.

Let us evaluate the market for you. We will submit a request-for-proposal to all potential insurance carriers to obtain the best plan at the most affordable price. Once you decide to move to another carrier, we will help you transition as we become your new benefits consultant. You will receive personal assistance during the entire transition. We will keep in touch with you on a regular basis to stay up-to-date on what’s important to your business and employees and act as your liaison with your carrier when necessary.  We work for you and in your best interest.

Keeping cost to a minimum. You can choose to fully cover the cost of insurance or share it with your employees. Moreover, you can offer your employees the opportunity to purchase individual life, disability and critical illness coverage. Individual insurance provides enhanced life and health coverage where long-term ownership via portability is valued by certain employees.  We will help you determine a plan that minimizes the cost impact on your company and will continue to advocate for you each time your plan is renewed, to ensure you still receive the best rates possible.

Note: Plans and coverage vary depending on the carrier used.

Extended Health Care

Extended Health Care
Extended Health Care benefits, also referred to as major medical benefits, are designed to supplement existing provincial hospital and medical insurance plans. The benefit provides for reimbursement of expenses and services not covered by existing government plans. Extended Health Care benefits can be divided into several categories which include:

  • Hospital coverage
  • Drug coverage
  • Medical supplies and equipment
  • Paramedical services
  • Out-of-province coverage
  • Other health care benefits

The plan may include a deductible and/or a coinsurance factor (e.g. 75% reimbursement for prescription drugs), and maximums (e.g. $500 per calendar year for chiropractor).

Vision Care

Vision care is not a fairly common feature of many benefit plans. This optional benefit provides coverage for eye examinations, eyeglasses, contact lenses and laser eye surgery, whereas safety glasses and prescription sunglasses are generally excluded. Vision care can be included in most benefit plans just by inquiring through your benefits broker.

Group Life Insurance Benefits

Group Life Insurance Benefits

When defining solutions that truly fit your business needs we will look at:

– Stronger service that works with you. We work with you to reach your service requirements.

– Fitting your flexible needs. Regardless of your group’s size—from five to thousands—we can design a benefits plan that fits.

The following areas are generally considered in a benefit plan relating to Group Life Insurance.

Employee Basic Life

Basic life insurance pays a contract-specified amount in the event of the death of an employee from any cause. Premiums paid by the employer on behalf of the employee are a taxable benefit; however, benefits received are non-taxable. Some of the main features of a basic group life plan are:

Benefit Schedule: The amount of coverage is generally based on either the employee’s earnings or salary (e.g. 1 x salary, 2 x salary, etc. ) or a flat amount from  $25,000 to $500,000.

Non-Evidence Maximum (NEM):  This is the minimum amount of coverage for which all employees are eligible (subject to income requirements). This is a great benefit for employees who may not qualify for an individual life insurance policy.

Waiver of Premium Continuance of Life Insurance coverage while premiums are waived is generally available to employees age 65 or younger, under the regular care of a physician, who become totally and permanently disabled for a period, typically 4 months.

Waiver of Premium Conversion Privilege If a plan is to terminate when an employed no longer qualifies for coverage as an employee, the conversion privilege allows the policy to be convertible without medical evidence to a permanent plan owned by the insured according to plan specifics.

Dependent Basic Life

Dependent Basic Life is a flat coverage offered to the spouse and dependent children of an employee; the spouse’s coverage is generally higher than that available for children for whom it becomes effective at live birth or 14 days after birth and continues until the child is 21 years of age (25 years if in full-time attendance at school or university).

Employers can share paying the premium, or have employees entirely pay; the benefit is payable to the covered plan member upon the death of the dependent.

Benefit Amount:  Generally $5,000 is the face amount of coverage for a spouse; $2,500 per a dependent child; or $10,000 for a spouse and $5,000 per dependent child; while higher amounts may be available.

Employee (and Dependent) Optional Life Benefit

This benefit allows employees and sometime the spouse and/or the children (referred to as Dependent Optional Life); to supplement and pay for more life insurance coverage over that which is provided by their benefit plan (some as high as an extra $1,000,000). Medical evidence is required and coverage usually ceases at age 65 or the employee’s retirement.

Accidental Death & Dismemberment (AD& D)

This benefit provides protection where an employed plan member incurs a loss, or loss of use of: life, limb, sight, hearing, and/or speech due to an accidental injury (usually on a flat amount of coverage e.g. $25,000, $50,000, $100,000 or as a multiple of salary, e.g. 1 x salary, 2 x salary).  This benefit may also be referred to as “double indemnity insurance” as it doubles the benefit for plan members who die as a result of an accident. 24-hour coverage is common covering accidents that occur both on and off the job; though coverage can be provided on a 24-hour non-occupational basis.
AD & D frequently covers both “loss”(meaning an actual severance) and “loss of use”(meaning total and irrecoverable loss of use).