The 2010 calendar year proved a welcomed change for many trust funded preneed programs. The 2008 collapse of the home mortgage market triggered a melt down of bonds that lingered well into 2009. The press provided extensive coverage of how the situation impacted our 401k accounts. Stories about value declines of 25% to 33% were
Preneed Tax
Tax Day and next year’s QFT
By Bill Stalter on
Many preneed trusts either experienced significant capital losses last year or are sitting on assets that have unrealized losses. For those trusts that have taken a Section 685 election, these losses may be carried into future years as a capital loss carryover. While everyone would prefer to avoid realizing those losses, that loss can be…
The IRS and its role in the IFDA master trust problems
By Bill Stalter on
As new allegations surface about the Merrill Lynch broker associated with the IFDA master trust, some may appropriately ask why a preneed trust would ever invest in an insurance product. There was a time when the twain shall never meet. That all changed in January 1988, and specifically when the IRS and Treasury decided to…
The Transfer-for-value Rule and insurance funded preneed
By Bill Stalter on
Posted in Preneed, Preneed Tax
In reporting on Forethought’s cut in growth payments last month, the Funeral Service Insider made a curious statement about the taxability. Referencing one of Forethought’s products, the article stated that a funeral home would have received the product’s growth tax free, and now would have to recognize the bonus as income. The article suggests…
The Section 685 QFT amendment: Supporting Soldiers’ Survivors
By Bill Stalter on
Posted in Preneed, Preneed Tax
If the President signs the Hubbard Act (H.R. 6580), the qualified funeral trust will have the capability to fund all of an individual’s final expenses. When enacted, Section 685 imposed a $7,000 cap on the preneed trusts that could elect special tax treatment. While the limitation increased annually, the cap was too low to permit funding…
NPS and Taxes
By Bill Stalter on
Posted in NPS/Lincoln, Preneed Tax
Everyone complains about continuing education, but occasionally the concept is reinforced when a timely program provides needed insight. Such should be the case when the Missouri Funeral Directors and Embalmers Association sponsors a class on the tax consequences of servicing an NPS contract.
Funeral directors need to understand that they do not necessarily incur a tax…
Preneed trusts and insurance investments
By Bill Stalter on
Posted in Preneed, Preneed Tax
One of the many issues facing regulators in the Clayton Smart debacle was the surrender of thousands of Forethought life insurance policies by a Forest Hill preneed trustee. New light will probably be shed on this issue with revelations that Robert Nelms and Clayton Smart may each have been using the same financial management company: Security…
Deductibility of Investment Advisor Fees
By Bill Stalter on
Posted in Fiduciary, Preneed Tax
Whether it is because of state law restrictions or preneed purchaser demographics, death care trusts have unique requirements when it comes to investments. Consequently, it is fairly common for a death care trust to utilize an investment advisor who has experienced with the industry. However, the deductibility of the fees paid to outside advisors by…
Section 685 – Removing the Cap
By Bill Stalter on
Posted in Funeral, Preneed Tax
The National Funeral Directors Association has taken the lead in getting legislation introduced to eliminate the dollar cap imposed on qualified funeral trusts. While I hope the NFDA succeeds, it won’t be without a fight from the IRS.
As the death care industry inches towards the non-guaranteed preneed transaction, the IRS will express its concerns over abusive trusts. …