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Risk & Reward
Financing the Future
Laurence Neville
09/01/2004

The engine that drives this product is the spread between the loan rate and the policy’s return. Consequently, both the cost of the loan and the yield on the policy are crucial to success. Currently, lending rates on these transactions are between 1.25 percent and 2.5 percent over the one-year London Interbank Offered Rate (LIBOR), or up to 5 percent overall. This cost varies considerably by lender and by the relationship between the lender and client.

TOP VIEW
Borrowing to pay a premium on a life insurance policy may be an attractive way to conserve cash while establishing a legacy that our heirs can use to pay estate taxes. If all goes well, the yield on the investments in the insurance policy remains higher than the rate on the loan, so the value of the former grows to where it can pay off the latter. If interest rates rise, the economics of these transactions become far less compelling.
The rate of return on the insurance policy, often called the crediting rate, is the other half of the equation. Universal life contracts—the most common type used within premium financing transactions—currently offer between 4.5 percent and 6 percent. This means that, at the most advantageous current costs and returns, premium finance can deliver a spread of 2.5 percent. Most experts consider a 2 percent spread to be good.

Since both borrowing costs and crediting rates will change over time, we need to assess how a proposed transaction will perform if rates go up, or if investment performance lags. “LIBOR is now around 2.5 percent and borrowing costs might be 150 basis points [1.5 percentage points] on top of that, which means that a policy earning 6 percent creates some leverage,” says Ernest Barry, managing director of Wachovia Insurance Services in Charlotte, N.C. “But what happens,” he asks, “if LIBOR hits 8.5 percent? Clients need to ensure that they can afford the borrowing costs when rates rise.” As universal life contracts have up to 80 percent of their assets in bonds, returns should rise as interest rates rise. But, as Merrill Lynch’s Wuensch notes, the crediting rate will usually lag the markets by approximately 18 months.

Lenders for premium financing transactions require loans to be 100 percent collateralized. The collateral often takes the form of securities held in an account at the lending institution. The securities remain fully tradable, and many lenders are flexible about the movement of assets in and out of collateral accounts. Lenders may also charge an origination fee, usually around 1 percent, though this varies and some institutions do not collect this fee from existing clients.

Successfully navigating these complexities requires expert advice. When determining the overall cost of such a transaction, we should include fees for services we may need from a certified public accountant, a tax planner, our private banker and an insurance specialist.

Taxing Calculations
The first step is to establish whether a life insurance policy will benefit us, advises Alice Odorico, vice president at Advice Lab Insurance in JP Morgan Private Bank in New York. Traditionally, she says, the main attractions of life insurance are tax advantages. “Cash values grow without tax, and death benefits are paid free of income tax. If the life insurance is owned outside the insured’s estate, the benefits are even greater.”

By establishing an irrevocable trust to own a standard life insurance policy, we may pass the proceeds to our beneficiaries without incurring estate taxes. However, because these trusts have no assets, the funding for the premiums must come from elsewhere. If policyholders fund the premiums by paying money into the trust, they will have to pay a gift tax.
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