Many people are unaware of private placement life insurance (PPLI). It has been a little-known secret for many years. But thanks to changes in estate law, it is gaining more popularity.
PPLI is a specialized form of life insurance designed primarily for high-net-worth individuals and accredited investors seeking to enhance their wealth management and estate planning strategies. Unlike traditional life insurance policies, PPLI offers policyholders a unique combination of investment flexibility, tax advantages, and estate planning benefits.
At its core, PPLI functions as a life insurance policy where the policyholder can allocate a portion of the premium payments to a wide range of investment options, including hedge funds, private equity, real estate, and other alternative investments. The policy’s cash value grows tax-deferred, meaning that policyholders can accumulate wealth without incurring annual income taxes on the investment gains. Additionally, PPLI provides a death benefit that passes income tax-free to beneficiaries, making it a valuable tool for estate planning by helping to mitigate potential estate tax liabilities.
PPLI policies are typically customized to meet the specific financial goals and risk tolerance of the policyholder. This customization extends to the choice of underlying investments, premium payment schedule, and the allocation of cash value within the policy.
While PPLI offers many tax benefits, it is a complex financial instrument and requires careful planning and ongoing management. High fees associated with PPLI policies also mean that it may not be suitable for all investors, and individuals considering PPLI should consult with experienced financial and tax professionals to ensure that it aligns with their financial objectives and complies with tax regulations in their jurisdiction.
What is Private Placement Life Insurance (PPLI)?
PPLI is a unique type of life insurance designed for people who want to avoid estate and income tax on investments. The purpose of PPLI is to combine financial assets with the tax benefits of life insurance.
PPLI comes in the form of a variable universal life insurance policy, which is a type of permanent life insurance. It provides cash value by investing in a broader range of investments that are not often available to the general public. But contrary to most life insurance policies, it’s structured to maximize cash value and minimize the death benefit.
Who Qualifies for Private Placement Life Insurance?
PPLI works best for wealthy people, business owners, or even corporations. It is often used by very high net worth people with annual income usually above $1 million a year and a net worth of over $10 million. This is because the policy will require you to contribute a minimum of $1 million to establish.
PPLIs are actually an unregistered securities product. Agents can only sell it to you if you meet specific criteria as an accredited investor. An accredited investor is anyone who:
- Earned income over $200,000 a year for each of the prior two years ($300,000 for a married couple) and are reasonably assumed to earn the same in the current year; or
- Has a net worth of over $ 1 million (excluding the value of your home).
Top Benefits of Private Placement Life Insurance
PPLI has some major benefits, including:
- Various investment options include private equity, stocks, mutual funds, and hedge funds.
- Tax-deferred growth on earnings and tax-free withdrawals
- Ability to borrow against the cash value of the policy tax-free
- Tax-free death benefit
- No surrender charges
- Lower premiums, commissions, and ongoing fees
- Estate exclusion
Life insurance itself has many of these benefits. But the fees are higher, and there is typically no ability to invest in more speculative investments like private equity and hedge funds.
Disadvantages of Private Placement Life Insurance
There are several downsides to a PPLI:
- Underwriting can be an issue. A medical exam is required just like other forms of life insurance, a medical exam is required.
- Lack of control. The IRS has a rule called the investor control doctrine. This dictates that investors do not influence the policy’s investment selection of securities. Otherwise, the policy owner will lose the tax-free income growth on the policy and pay penalties.
- Structuring fees—typically about 1% of the premium, which is significant, given the investment size.
- The benefits of PPLI take years to develop. The initial fees and taxes could exceed tax benefits in the early years.
If you are not in good health or don’t want to get a medical exam, you could consider a private placement variable annuity, which is simpler to buy. They’re also less expensive.
How Does It Work?
PPLIs seek to maximize the cash value and minimize the death benefit. They are structured like a variable universal life policy. Premiums are flexible, although many investors overfund the plan to have access to the accumulated cash value.
There are rules around how much you can contribute because the IRS wants life insurance to act like life insurance and not a tax shelter. It’s called the 7-pay test, and if you contribute so much money to the policy that it would be paid up in seven years or less, it becomes a Modified Endowment Contract (MEC), and you lose many tax advantages.
The investments must comply with specific diversification requirements. It must contain at least five different assets, and each investment needs to be weighted so that no one investment dominates the account. Failing in this requirement would mean losing the tax advantages of a PPLI.
You don’t have to wait until 59 1/2 (as with an IRA) to access tax-free cash distribution. You can borrow against, withdraw the cash value tax-free, and you don’t have to repay the money. You might want to, though, maximize the long-term tax-free growth.
How is PPLI Different from Other Life Insurance Policies?
A PPLI is a variable universal life insurance policy. A PPLI differs in the risk of the investments and the value of assets. Variable life insurance investors choose from a limited menu of investments and usually emphasize long-term, slower growth.
Someone who buys a PPLI can customize the subaccounts, and they can choose from almost any type of investment, including international investments.
Why does private placement life insurance work well as a tax strategy?
PPLI can work well as a tax strategy for high-net-worth individuals for several reasons:
- Tax-Deferred Growth: PPLI allows policyholders to invest in a variety of investment options, such as hedge funds, private equity, and other alternative investments, within the insurance policy. The earnings and gains on these investments grow tax-deferred as long as they remain within the policy. This means that your investments can continue to grow without paying annual income taxes on your investment gains.
- Tax-Free Distributions: One of the most significant advantages of PPLI is that policyholders can access the cash value of the policy through tax-free withdrawals and loans. This can be particularly useful for individuals looking to supplement their retirement income without incurring additional tax liabilities.
- Estate Tax Benefits: PPLI can also serve as an effective estate planning tool. Since the death benefit of a life insurance policy is typically paid out income tax-free to beneficiaries, it can help pass on assets to heirs or other beneficiaries without the burden of estate taxes. This can be especially valuable for those with substantial estates that may be subject to estate tax.
- Asset Protection: Depending on the jurisdiction, PPLI can offer some level of asset protection from creditors and legal judgments. In some cases, the cash value within a life insurance policy is shielded from these external threats, making it a valuable tool for asset protection.
- Privacy: PPLI policies are often private and not subject to the same level of public disclosure as other investment accounts. This level of privacy can be advantageous for individuals who prefer to keep their financial affairs discreet.
- No Contribution Limits: Unlike many tax-advantaged retirement accounts like IRAs and 401(k)s, PPLI has no contribution limits. High-net-worth individuals can invest significant sums of money within a PPLI policy, further enhancing their ability to accumulate tax-advantaged wealth.
- Flexible Premium Payments: PPLI policies typically offer flexibility in premium payments. This means you can choose when and how much to contribute, allowing you to adapt your strategy to your financial circumstances.
However, it’s important to note that PPLI is a complex financial instrument, and its effectiveness as a tax strategy depends on various factors, including your individual financial situation, investment choices, and long-term goals. Additionally, PPLI is often associated with high fees, so it’s essential to carefully evaluate the cost-benefit trade-offs associated with this strategy.
If it seems that PPLIs are incredibly complex, you would be right. You need a sophisticated wealth manager or experienced private placement insurance agent to figure it all out and set one up correctly. The good news is that if you are in the market for a PPLI, you can probably get recommendations for such people. The tax advantages are significant, which is most of the appeal of PPLI.
If you don’t qualify for PPLI, don’t despair. An excellent variable universal life insurance or indexed universal life insurance policy can do the same, only for ordinary folk.