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How a Captive Insurance Company Can Help You with Planning and Risk Management

June 6, 2016

Filed under: Asset Protection,Captive Insurance Companies — Neel Shah @ 9:15 am

There are numerous different reasons to consider using a captive insurance company and it is quite similar to a commercial insurance company in that your captive insurance company sets premium rates associated with the risks it chooses to underwrite, puts together policies for their risks insured, pays out claims, collects premiums and is licensed as an insurance company.

at a meeting  captive insurance company NJThe major difference between a commercial insurance company and a captive insurance company is that a captive doesn’t have the ability to sell insurance to the general public. Instead, it only underwrites risks of the owner organization or related businesses and entities. One of the benefits of working with a captive insurance company that you create is that the rules and regulations associated with captive insurance are typically less overwhelming than regulations dealing with commercial insurance carriers.

One of the major reasons that someone considers setting up their own captive is because they have risks that cannot be covered in the current marketplace. This is usually a starting point, but it’s important to remember that it’s not the only thing that a captive insurance company can help you with. Speaking to an attorney familiar with this market can help you identify exactly how to use this planning opportunity.

A captive insurance company can be used to achieve limits that are not currently available in the market like regarding terrorism or credit risk. They can also be beneficial in terms of a tax shelter approach when it relates to large retentions.

There can also be tax advantages associated with the captive but these require working with a sophisticated asset protection planning attorney to help you structure the initial operations of the captive insurance company and to ensure that it is appropriately managed. Consult with a New Jersey asset protection planning attorney today to learn more.

                                                                                                                

IRS Offshore Promoter Limits Highlight Important of Proper Risk Management

October 3, 2014

Filed under: Captive Insurance Companies — Tags: — Neel Shah @ 6:18 pm

It was recently discovered that the IRS finally took action on investigations of managers in small insurance companies. This has spiraled into the usage of “promoter audits” of such managers, leading in some cases to subpoenas demanding information about captive insurance companies.

The majority of the subpoenas are interested in details about the risk pools and how claims are paid and premiums are calculated, but they are also asking for marketing materials. These materials may be used to determine whether the captive was being used properly or whether it was simply being used to avoid taxes. There are some situations where captives just don’t work well, but there are other situations in which captives fill an important need.

If you’re using a captive insurance company or if you’re thinking about knowing one, risk management is crucial for structuring and reviewing. Knowing what to expect and knowing where the risks are gives you some insight into whether the captive is the appropriate vehicle for you. You should always talk to experienced tax attorneys when you’re using a captive or other complex strategy to help you manage risk. If you believe that you are being investigated or if you would like to discuss the opportunities of using a captive insurance company, reach out to our offices. Request an appointment through email at info@lawesq.net or over the phone 732-521-9455.

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Photo credit: prepademy.com

Hoteliers & Moteliers: What Security Challenges Do Today’s Hotel Owners Face?

July 11, 2014

Filed under: Asset Protection,Captive Insurance Companies,Hospitality,Hotel Owners — Tags: , , , — Neel Shah @ 3:23 pm

Hotel owners face a broad array of challenges when it comes to mitigating risks. Whether you’re a single motel or part of a chain, you need to be concerned with protecting and maintaining assets. You’ll need to be concerned with physical, human, and intangible assets.

Hoteliers & Moteliers What Security Challenges Do Todays Hotel Owners Face
(Photo Credit: e27.co)

Some of the major concerns that hotel owners are faced with include sabotage, natural disaster, injury, criminal activities, terrorism, and fire. On a more common basis, you might be concerned with injuries and claims or injuries on hotel property, or the theft of services or merchandise.

There’s no doubt that as a hotel owner, you frequently feel pulled in many different directions to deal with immediate problems and trying to prepare for the future. One of the best ways to reduce your risks is to consider whether a captive insurance company can help you with some of your concerns in the long run. Policies for a captive insurance company contain many of the same provisions as typical commercial insurance contracts but they go above and beyond by reinsuring your particular risk needs.

As an added benefit, maintaining control over that captive company may even give you investment control over assets for that company. If you’ve got risks that cannot be covered under the typical umbrella of a commercial insurance contract, you’ve got to look elsewhere. A captive insurance company may alleviate your concerns, protect your assets, and allow you to build a long-term plan. Email us at info@lawesq.net or call 732-521-9455 to begin.

Risky Business? Manage that Risk: Captive Insurance Companies

April 23, 2014

Filed under: Business Law,Business Planning,Business Succession Planning,Captive Insurance Companies — Tags: , , , , , , , , , , , , , , , , , , , — Neel Shah @ 12:43 pm

A captive insurance company is a company created by a business owner to help insure risks of affiliated businesses. When set up appropriately, a captive allows a business to manage risks while allowing the affiliated company to reap benefits, too.

Risky Business Manage that Risk Captive Insurance Companies
(Photo Credit: business2community.com)

A Captive will receive premiums that are then invested as opposed to premiums sent to a traditional unrelated insurer, which are essentially “lost”. Over time, those premiums accumulate. In the event of a risk loss, the premiums are available to be paid for those self-insured losses, thus protecting the business’s bottom line. This crucial benefit is the biggest advantage for business owners.

A Captive can issue casualty or property insurance to protect against a broad array of risks. Where the business owner has the most potential to capitalize on this opportunity is through risk protection for those risks that are typically too expensive to coverage or uninsurable, period. With possible major tax increases coming in the future, the Captive Insurance company remains situated as one of the most effective solutions for business owners. Captive Insurance benefits go beyond tax advantages by providing business owners with opportunities in wealth transfer, estate planning, and asset protection, too.

At Shah and Associates, we work with you individually to determine how a Captive can best suit your business needs. With vast experience in the field, we have helped our clients use Captives to minimize taxes, protect assets, manage risks, and improve cash flow. We understand the peace of mind and confidence that comes from a comprehensive approach to risk management, and that’s why we remain committed to the business community.

Guarding Against Risk, While Saving on Taxes: Biggest Advantages of Captive Insurance Companies

April 8, 2014

Filed under: Captive Insurance Companies — Tags: , , , , , , , , , , , , , — Neel Shah @ 2:15 pm

Captive insurance companies are private insurers that are owned by a parent company. Although a captive insurance company has some of the same benefits of a regular insurance company, captives collect the premiums that a company would have paid over to a regular insurer while taking the responsibility for any claims against the parent company. Captive insurance companies are uniquely situated for certain situations.

saveourpostoffice
(Photo Credit: saveourpostoffice.com)

Manage Risk and Protect Assets

Many businesses have particular needs for risk management because the risk it outside the typical market. In that case, insurance either can’t be purchased or the price is so high that the company is forced to self-insure. In still other cases, the business might have insurance for some risks, but that comes at a cost of premiums and deductibles. This is just the type of risk that sits well with a captive insurance company. Typical general liability insurance seems like a “coverall”, but in reality there are so many exclusions that a business still stands exposed to high risk. That’s where insurance from a captive company can help by filling in the gaps from those exclusions.

Every dollar spent by the company and sent to the captive serves as a $1 reduction in operating business assets. In the event that the business collapses, the company is not at risk of losing those dollars that have been transferred out of company property and over to the captive insurance company. Captive insurance companies are known for accumulating high amounts of assets through reserves and surplus. In certain disaster situations, some of those funds may be available for a business owner. Although a business owner might face some tax consequences of doing so, you can think of those funds as an emergency fund that could be there if you need it. It’s an extra layer of protection that can give a business owner peace of mind.

Exert More Control

Captive insurance companies typically create customized policies for the needs of each specific business. Unlike many commercial policies, policies through captives have the added benefit of drafting the policy in a manner that makes it virtually impossible for third-party claims against the business from being approved. The individualized nature of policies means that protection is aligned directly with business needs rather than generally accepted amounts and terms.

Going through a commercial carrier has another downside: you give up the option to select your own attorney. Defense counsel connected with insurance companies often handle large volumes of cases, taking away that personalized attention for your case. The fact that these counsel handle upwards of 200 cases each year from referrals also calls into question whether that attorney is looking out for your best interests- or the hand that feeds them. Since insurance companies that hire counsel are budget-minded, you also don’t know the quality of attorney you’ll be receiving through the appointment process. With captive insurance carriers, business owners control the captive and therefore maintain control over selection of an attorney.

From a business owner perspective, these few advantages represent big benefits. Guard yourself against risks, protect existing and growing assets, and exercise more control over how things are handle by working with a captive.