Why You Should Not Own Mutual Funds: What are 412(i) Plans and what are the problems with these plans

Why You Should Not Own Mutual Funds: What are 412(i) Plans and what are the problems with these plans

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  1. 412(i) and 419A(f)(6)
    Over the past few years we have reviewed a number of 412(i), and before that 419A(f)(6),
    proposals that were brought to us by insurance agents. Luckily for the client, and insurance
    agent, we were able to “convert” the 412(i) plans to regular Defined Benefit Plans, with or
    without insurance, in such a manner that no deductions were lost. Regarding 419A(f)(6) we
    advised the client that getting an IRS approval letter would not happen and that this type of plan
    should be implemented only after exhausting all efforts in obtaining a qualified plan where the
    deductions would stand.
    “412(i) PLANS

    Section 412(i) of the IRC says that if you have a fully insured plan (all assets are in life insurance
    and or annuities with a commercial carrier) you can rely on the issuing insurance company
    guaranteed interest rates for purposes of developing the contributions.
    During the period of the Small Plan Actuarial Audit Program wherein the IRS was attempting to
    require the use of interest rates of not less than 8% and retirement ages of not less than 65, the
    prospect of a fully insured 412(i) plan looked enticing. A 4% interest assumption for a 45 year
    old retiring at 65 compared to an 8% interest assumption meant a contribution increase of 60%.
    However, when the IRS lost its case in Tax Court (12 out of 13 Tax court judges ruled against
    the IRS. One of the judges abstained because he “didn’t know enough about the subject”),
    actuaries routinely began to use a 5% interest assumption (or 4% in special circumstances). A
    4% interest assumption generates a contribution in the above example of only 12% more than
    what is obtainable with a 5% interest assumption. Immediately, the “interest” advantage of a
    412(i) plan was minimized.
    However, it is important to note that when a 412(i) plan prematurely terminates, the plan suffers
    a large decrease in the surrender values, which pays for commissions and the cost of medicals
    and underwriting. Additionally, there can be no investments of the plan other than in insurance
    products—no mutual funds, stocks, bonds, real estate, collectables, etc. Employee costs can
    become exorbitant since they too must receive benefits that are comparable and/or nondiscriminatory
    when compared to that of the owners.
    We are aware of cases whereby some insurance companies have bee

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