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Charitable Life Insurance Gift

 

 

The idea of using life insurance to make a sizable, tax-free donation that is guaranteed at the time of your passing is a creative and innovative method to give to your cause.  Whether it's a charity you feel passionate about, a church that has helped your family through the good times (and the bad), or a non-profit organization that you strongly believe in... A life insurance donation can be the gift that ensures financial stability to your organization for years to come.

If set up properly, this donation (or death benefit proceeds) will not only be received by the organization free of income and estate taxes, but it will also be received without any delays, fees or administrative costs.  In addition, a proper charitable life insurance gift can yield taxable benefits for you as well.

 

   
Give More Than You Ever Dreamed  

One of the benefits of a charitable life insurance gift is the fact you can give a sizable donation, for a relatively small amount in annual cost (the premium).  In other words, you may have the desire to financially help your charity or church with a large donation but simply do not posses the funds to do so. 

However, with the use of a properly-constructed life insurance policy, you do have the option to leave your charity or church that large donation (at the time of your passing), but your out-of-pocket cost (the premium) should only cost a very small fraction of that amount (depending on full underwriting review).

 
   

Leave A Legacy  

Perhaps you have been an integral part of a non-profit organization for many, many years.  And throughout that time, you have not only donated money, but also a substantial amount of time and energy.  So much so, that you want to ensure that your cause is able to move forward and grow... even without you there.  Why not leave a sizable life insurance benefit to that organization?  Almost guaranteeing that your charity or church will be there to help others, just as you were able to help it.

 
   
 
And Many More!
 
Unique Tax Advantages  

Although the income tax free benefit is the most important aspect of a charitable life insurance gift, there can be personal tax advantages as well.  If the life insurance policy is constructed properly, both the premiums and cash values (using "permanent" life insurance) can be used as an income tax deduction, while the benefit can be used to reduce your total estate tax amount that will be passed on to your heirs. 

It's important to note that tax laws are updated and revised quite frequently.  A professional tax advisor will want to be consulted to verify all the taxable advantages of your life insurance policy.

 
     
How it Works  

In it's simplest form, a charitable life insurance gift can be created in three basic ways.  Each method having it's own "pros" and "cons" when it comes to considering this type of insurance contract.

It's important to note that all life insurance contracts have four titles that need to be defined before a policy can be placed.  They are:

  • The Insured:  Who's life does the policy protect?

  • The Owner:  Who has the authority to make changes to the policy (including surrendering the policy)?

  • The Payer:  Who is responsible for paying the premiums?

  • The Beneficiary:  Who (or what) will receive the death benefit proceeds?

In most cases the insured, the owner, and the payer are all the same person, but in certain instances, they can all be different.  And in the case of a charitable life insurance gift, separating the insured from the owner and the payer can have significant tax advantages for everyone involved. 

Please keep in mind that with any contract involving tax incentives, it's important that you verify those tax benefits with a professional tax advisor BEFORE finalizing a charitable life insurance gift.

Situation A

You are the Insured.  You are the Owner of the Policy.
You Pay the Premiums.  The Charity/Church is the Beneficiary
     
Pros   This is the simplest, and most common life insurance contract to establish.  With this set-up, you retain full control of the policy, and you are free to make changes to the policy at any time.  This includes removing the non-profit organization as the beneficiary.  The beneficiary (whoever, or whatever, it is) does receive the entire benefit amount income tax free.  In addition, the benefit is not included as part of your estate, and therefore, will not be included as part of your taxable estate.
     
Cons   Because it's one of the easiest contracts to create, it's probably no secret that this has the least amount of taxable advantages.  Premiums cannot be deducted.  Meaning that after-tax dollars must be used to pay the premiums, and that those premiums cannot be deducted for tax purposes.

 

Situation B

You are the Insured.  The Charity/Church is the Owner of the Policy.
You Pay the Premiums.  The Charity/Church is the Beneficiary.
     
Pros   Because a non-profit organization is the owner of the policy, your premiums (and cash value...if using "permanent" life insurance) are deductible for income tax purposes.  It's important to note that even with the premium deductions, the Charity/Church will still receive the benefits income tax free.  And just like the example above, the payable death benefit is not included as part of your taxable estate.
     
Cons   You no longer have control of the life insurance policy.  You cannot make changes, and cannot cancel the policy.  If there is a "falling out" between you and the Charity/Church, there is little that you can do..  Even if you decide to quit making the premium payments, the Charity/Church can continue to make them because they own the policy (but please note that contracts set up in this fashion, can have legal ramifications if the insured discontinues to pay the premiums).

 

Situation C

You are the Insured.  The Charity/Church is the Owner of the Policy.
The Charity/Church Pays the Premiums.  The Charity/Church is the Beneficiary.

     
Pros   You have no financial obligation.  Although many times, you "donate" the premium amount back to the charity/church, and then use that donation towards a personal tax deduction at the end of the year.  In addition, because the Church/Charity is paying the premiums, they are allowed to deduct those premium payments (and cash value...if using "permanent" life insurance) for tax purposes.  And even with all of those deductions, the benefit is still paid to the Charity/Church income tax free.  In other words, it's possible for you to deduct your "donations" and it is possible for the Charity/Church to deduct the premium payments (and cash value)...  All while keeping the payable benefit as income tax free.  Like the previous example, because the organization owns the policy, the payable benefit is not included as part of your taxable estate.
     
Cons   The Charity/Church owns everything, and you have no control of the policy.  This includes having the Charity/Church exercise it's right to surrender "or cancel" the policy, and immediately using the cash value (if using "permanent" life insurance).   It is VERY important that both parties must have an understanding with this type of life insurance structure. 

Keep in mind that any in-force life insurance policy (in which you are the owner) can be "gifted" to a non-profit organization, for the tax advantages listed above.  However, it does require that you sign over the ownership (and possible payment rights), and change the beneficiary, to the non profit organization.

 
   
What To Consider    
Whether you are looking at life insurance as income replacement for your family, for mortgage protection on your house, or for a charitable donation, it's always important that you consider all aspects of the life insurance policy to determine if this type of contract is right for you.  Especially when considering a charitable life insurance gift, where in some cases, you lose control with most aspects of the policy.

Consideration #1
Always ask yourself, "Is this the right thing for me?"  What are your motives, and how important is the charity, church, or non-profit organization? 

The latter part of the question is very important.  How solid is the foundation you want to support?  What is the history of the organization?  Are they going to be around for the next 5 years?  The next 10 years?  How about the next 50?  Remember, some of these policies can be irrevocable (or permanent).  It's important that you fully understand the organization, it's status and it's importance to you.

Consideration #2
Consult with the right people.  Talk with your attorney, your tax professional, and of course, your insurance broker (MAZ Insurance), when considering a charitable life insurance gift.  Get all of the facts!  Does this type of policy meet all of your needs?  Will it accomplish your goals?  Is this what's best for you and for your organization? 

It's important to remember that MAZ Insurance LLC is an insurance broker only, and cannot provide tax or legal advice.  So consulting a professional (or professionals) in the respective field (or fields) is always a good idea, and should be followed through completely.

Consideration #3
Make sure that your organization is legally registered as non-profit organization.  Any director (of the non-profit organization) should be able to show you the legal certificate - 501(c)(3) - and prove it's non-profit status.  If you are consulting an attorney, he/she should be able check this status for you.

Consideration #4
Once the non-profit status has been established, you'll need make sure that your organization will accept a life insurance gift.  Set up a meeting, talk to the director, and explain to him/her what you would like to do.  Obviously, we always recommend that an insurance broker from MAZ Insurance LLC join you during these meetings.  Remember, it's very important that all parties involved are very clear on how the charitable life insurance gift will function.

Consideration #5
So you've determined that a charitable life insurance gift is right for you, and the organization agrees.  Now the question is which insurance carrier is best for you?  And that's where we, at MAZ Insurance LLC, can help.  We are a statewide insurance broker that is licensed with dozens of different life insurance carriers.  This gives us great flexibility to determine which carrier, and what type of life insurance policy, will meet (or exceed) all of your charitable life insurance needs.  Simply call our lead consultant, Jed Maslowski, at 480-661-1005.  Or email him at jed@mazinsurance.com.

 
     
Where To Start  

Giving a charitable life insurance gift is an excellent way to show how much a charity, church and/or non-profit organization has meant to you throughout the years.  If set up properly, there can be significant tax benefits for both you and the organization.  However, a charitable life insurance gift should not be made "at the spur of the moment."  You will want to make sure to talk to proper representatives, and get all the facts.  Again, it's worth repeating that MAZ Insurance LLC is an insurance broker only, and cannot provide tax or legal advice. 

To get started, give our lead consultant a call today!. 

Jed Maslowski
Direct Phone:  480-661-1005
Email:  jed@mazinsurance.com

He can answer any questions that you may have, as well as, gather basic information from you to determine if this is something that is right for you.

 
     

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