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This website provides an introduction to the concept of the
captive insurance company and its most popular variants. It is
written on an introductory and educational level to help those
business owners and their advisors who are considering a captive
arrangement.
| A captive
insurance company is simply an insurance company owned
by the parent that underwrites the insurance needs of
the parent's subsidiaries. |
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This website also supports the book
Adkisson's Captive Insurance Companies: An Introduction to
Captives, Closely-Held Insurance Companies and Risk Retention
Groups written by
Jay
Adkisson. The author has been active in the alternative risk
management sector since 1995, has been forming captive insurance
companies since 1998, and for several years was the owner of a
licensed captive insurance management firm in the British Virgin
Islands.
Mr.
Adkisson is an attorney licensed in California, Oklahoma and
Texas and practicing in the law firm of
Riser Adkisson
LLP which has offices in
Newport Beach/Orange County, California, and Athens, Georgia. He has twice appeared as
an expert witness to the U.S. Senate Finance Committee and has
lectured to the U.S. Internal Revenue Service, the U.S.
Department of Justice, the University of Miami's Heckerling
Institute on Estate Planning, the American Bar Association,
numerous state and county bar associations, and similar forums
nationwide.
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Since its release in late 2006,
Jay Adkisson's book on captive insurance companies has
become the all-time captive insurance bestseller,
providing a basic introduction to captives and related
structures and how they are properly utilized within the
context of the client's overall business and estate
planning.
Available now from:
Amazon and
Barnes & Noble
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Captive insurance companies are here to stay. After the IRS lost
its $600+ million challenge against a captive owned by
United
Parcel Service in 2001, the Service resigned itself to the
legitimacy of captive insurance companies and soon thereafter
abandoned its economic family challenges to captives. The IRS
has since issued a great deal of guidance to assist captive
owners in their proper structuring, management and reporting.
Most large corporations have captives. Starbucks™
formed a captive in 2007 for instance. Premiums
paid to captives in 2006 in Vermont alone were estimated to exceed $11.55 billion.
| EXAMPLES1 OF
CORPORATE CAPTIVES |
| Parent |
Captive |
| Exxon-Mobil |
Ancon Insurance
Company |
| Archer Daniels
Midland |
Agrinational
Insurance Company |
| Verizon |
Exchange
Indemnity Company |
| AT&T |
Gateway Rivers
Insurance Company |
| University of
Michigan |
Veritas
Insurance Corporation |
| Phillips
Petroleum |
Sooner Insurance
Company |
| Starwood Hotels |
Westel Insurance
Company |
| Johnson &
Johnson |
Middlesex
Assurance Company |
| CBS Corporation |
Central Fidelity
Insurance Company |
| Boeing |
Astro Limited |
| 1Nearly
all major U.S. companies now have captives. It is
increasingly difficult to identify large companies that
do not have a captive. |
More than half of the states have now
passed captive insurance enabling statutes, and more than a
half-dozen of those states now aggressively cater to the
domestic captive market. Captives are now being formed for
medium-sized businesses that are able to pay as little as
$500,000 per year in premiums to their captive.
Many advisors are only now becoming aware of the concept of the
captive insurance company and introducing it to their clients.
In addition to serving an insurance function, captives can also
legitimately serve an intergenerational wealth transfer function
to the extent that underwriting is successful by being tightly
integrated with an advance estate plan.
Financial and
life insurance companies are now developing services and
products that are specifically aimed at the captive marketplace.
We assist prospective captive owners and their advisors in
evaluating, designing, and implementing captive solutions. We
also review existing captive structures and suggest ways that
they can be used more efficiently. In addition to Mr. Adkisson's
own firms, we also have relationships with experienced and
reputable insurance managers, actuaries, underwriters, and
accountants who specialize in captive insurance arrangements.
You may contact
Jay
Adkisson for a telephone conference or for a speaking
engagement by calling his scheduling assistant at 949.629.1176
or by e-mailing him directly to jay [at] captivebook.com (We
serve clients nationwide).
Explore this website further from the
Sitemap
| INDUSTRY NEWS |
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Vermont Reports Premiums of $15
Billion
Vermont reports that premiums paid to its
captives in 2007 showed a 32.7% increase over premiums paid in
2006, although only four new captives were formed there in 2007
as other states aggressively compete for the new formation
business.
READ MORE
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TAM
200816029 on Partnership Entities
Counted For Risk Distribution Purposes
IRS Technical Advice Memorandum 200816029
confirms that a partnership entity that is not treated as a
disregarded entity will count towards the number of insureds for
risk-distribution purposes, even if owned in substantial part by
the same parent as the captive.
READ
MORE
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Michigan Adopts Captive Insurance Legislation
Read article
here. Whether Michigan's notoriously anti-business
reputation will allow the state to actually attract out-of-state
captive business is another thing altogether. Forming in-state
captives rarely makes sense because of state premium or
independently-procured taxes, which is why businesses usually go
out-of-state for their captive formations. Still, Michigan is
one of the first large states to adopt legislation that seeks to
attract captive formations.
READ MORE
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IRS Abandons Challenge to Deductibility of Reserves
Within Consolidated-Return Captives
Bowing to intense lobbying major corporations that have captives
and Congressional pressure from the domestic captive domiciles,
the IRS has decided that it will abandon its challenge to the
deductibility of reserves within captives that are part of a
control group with a common parent (which would encompass most
large captives). This is a very clear and significant victory
for the tax viability of captive insurance companies.
READ MORE
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IRS Rules Each Cell of a Protected Cell Company Must Be
Treated
as a Stand-Alone Captive for Testing of Risk Shifting
and Distribution
Rev.Rul.2008-8 provides guidance on the standards for
determining whether an arrangement between a participant and
cell of a Protected Cell Company (defined below) constitutes
insurance for federal income tax purposes, and whether amounts
paid to the cell are deductible as "insurance premiums" under §
162 of the Internal Revenue Code.
READ
MORE
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