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

Michael Book, a managing partner at the New York financial advisory firm Lenox Advisors, recently sought to devise an investment plan that would shelter assets from taxes for one of his clients, a newly retired Wall Street executive in his mid-40s. The client has a tax-deferred retirement account that will continue to grow for several years before he starts drawing on it, and a portfolio of municipal bonds that generate a few hundred thousand dollars in mostly tax-free income each year to cover his living expenses. He also has about $4 million set aside to invest in alternative assets such as hedge funds.

TOP VIEW
Private-placement life insurance can offer us an attractive vehicle for investing in alternative asset classes, while securing a death benefit for our heirs. We must cede asset selection decisions to the insurance company in most cases. Costs and access to strongly performing funds vary significantly among insurance carriers, so it pays to research them carefully, and to negotiate the fees.
“As a Wall Street person, he loves hedge funds,” Book explains. He also knows that the funds’ active trading strategies generate an unfortunate amount of short-term capital gains, which are taxable as ordinary income, rather than at the lower, long-term capital gains rate. To avoid this cost, Book advised his client to purchase a private-placement life insurance contract and use it as a vehicle for investing in various hedge funds.

Private-placement insurance policies are tailored to fit the needs of affluent investors, and, as their name indicates, are unavailable to the public at large. They are, essentially, variable insurance policies. Clients have some degree of choice over the assets they hold—at least when setting up these policies—and how well those investments perform determines the size of the death benefit. For example, the policy that Book arranged for his client starts out with a $19 million death benefit. “But,” Book notes, “we’re hoping the investments will grow to $30 million to $40 million.”

Private-placement life insurance is therefore a hybrid: half insurance policy, half asset-management tool. It is a valuable financial planning strategy for those of us who have enough liquidity to meet day-to-day expenses, and who want to invest a portion of our capital for long-term appreciation. For example, Anne Melissa Dowling, a senior vice president at MassMutual Financial Group in Springfield, Mass., recommends private placements for people who have recently had liquidity events, either inheritances or windfalls from selling a business or investment.

Many major financial companies, including New York Life, Massachusetts Mutual Life Insurance and Citigroup, offer these products. They have become more widespread as hedge funds have grown in popularity, primarily because of tax advantages. Any assets used to fund an insurance policy grow tax-free inside the policy, and the death benefit paid out to beneficiaries is also tax-free. Private placements are more flexible and less expensive than other types of insurance policies, making them attractive as investment vehicles.

“Still, people shouldn’t lose sight of the fact that it is an insurance policy, and there are complications,” cautions Douglas Moore, national director of estate and charitable planning at Citigroup Private Bank in New York. For example, rather than investing directly in a hedge fund, we pay a premium to an insurance company, which then invests the capital for us. Private-placement policies typically have higher premiums than other kinds of life insurance. This can work to our advantage, because it allows us to put capital to work quickly. The premiums typically start at around $2.5 million, are spread over four or five years and can total as much as $10 million to $20 million (there are limits on the extent to which we can insure ourselves). The premium represents the initial cash value of the policy, and the insurance company invests it in the hedge funds or other assets we choose. The growth in its value partially funds the death benefit.

“Some insurers have a wide selection of well-performing funds; others don’t have as good a selection in terms of number or quality. I was surprised by the discrepancy when I started looking into them for our clients.”
Circuitous Route
There are other costs we will not bear if we invest in a hedge fund directly. The federal and state governments levy taxes on insurance policies. The insurance company itself will charge a commission and administrative fees, and a management fee if the policy is big enough to require its own asset manager. Advisors recommend factoring in all taxes and fees for private-placement insurance when weighing it against direct investments. “We assume a rate of return and run the numbers with all these fees, and with the taxes we’d pay on the gains without the insurance policy. Then we see what the consequences will be,” says Mark Watson, vice president of financial capital services in the Orlando office of Asset Management Advisors. “Usually the insurance product looks better.”

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