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Risk & Reward
A Hybrid Haven
Eileen Gunn
10/01/2004

It is possible to extract some capital from the policy while keeping the life insurance active and the investment growing tax-free. The IRS allows us to withdraw the amount we originally paid for the policy without penalty or tax. Beyond that, we can borrow against the policy. If we choose not to repay the loan, at death it will count against the benefit. But, we have to leave some money in the policy to ensure it grows quickly enough to outpace the ongoing costs, including any interest on the loan.

The Wall Street executive whom Book advises plans to do just that. He will leave the assets to grow for eight to 10 years. “Then he’ll probably take out the amount he initially put in, and then a little more beyond that,” Book predicts. “We’ll invest the money we take out in something else. And we hope what we leave in will grow to cover his estate taxes.”

Indeed, the death benefit is perhaps the most overlooked aspect of a private-placement policy. Clients tend to think it is irrelevant, advisors say, because they expect their investments to grow strongly, ideally beyond whatever the initial death benefit might be. Unfortunately, the IRS mandates that insurance companies must bear at least some risk in the insurance policies they sell. This means the death benefit always has to be larger than the policy’s cash value by a minimum ratio that depends on our age and other factors. The insurer charges us a “cost of insurance” fee—generally less than 1 percent of the cash value—to bear that risk. That cost prompts many advisors, such as John Dadakis, an attorney in the New York office of the law firm Morrison and Foerster and a private placement specialist, to advise their clients to buy the smallest death benefit allowable.

For those of us who are willing and able to abide by the restrictions, complexities and costs of private-placement insurance in exchange for long-term, tax-sheltered growth, these policies can be ideal low-risk investments. “You don’t need to go into high-risk, high-return investments that are up 30 percent one year and down the next,” Book says. Because they provide tax- sheltered, compounded growth, “You can earn a steady 10 percent and make a killing.”
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