Showing posts with label life insurance. Show all posts
Showing posts with label life insurance. Show all posts

Will Your Municipal Bond or Your Life Insurance Company Still Have Value Next Year


Lance Wallach |


Will Your Municipal Bond or Your Life Insurance Company
Still Have Value Next Year?
By Lance Wallach

Investor protection with municipal bonds is so spotty that there is potential for much mischief.

Disclosure, that bedrock of fair securities markets, is the heart of the problem facing municipal investors. Municipal issuers often don’t file the most basic reports outlining their operating results or material changes in their financial conditions.

Even though hospitals, cities and states that borrow money are required by their bond covenants to make such filings, nondisclosure among the nearly 60,000 issuers is common.

With the S.E.C. largely on the sidelines, disclosure enforcement in the municipal market is left to participants. Do you think they really want to police themselves very closely? That leaves individuals who trade the securities, the investors, and the dealers, to monitor the disclosure information. There is almost no penalty for not complying with those requirements. This is another disaster waiting to happen. If you own municipal bonds, you had better be careful. You may want to investigate www.financeexperts.org and select someone that knows what they are doing to assist you.

Do you have a life insurance or annuity policy? If so, you may be in trouble. The plummeting financial markets are dragging down the life insurance industry, which is an important component of the U.S. economy. Continuously escalating losses weaken the companies’ capital and eat away at investor confidence.

More than a dozen life insurers have been awaiting action on applications for aid from the government’s $700 billion Troubled Asset Relief Program, and the industry is expecting an answer to its request for a bank-style bailout in the upcoming weeks. So far, the government hasn’t stated whether or not insurers qualify for the program.
Life insurers have undoubtedly been taking a beating in recent weeks. The Dow Jones Wilshire U.S. Life Insurance Index has fallen 82% since its May 2007 all time high. The Dow Jones Industrial Average has lost 21% this year to date.

Several of the hardest-hit companies are century-old names that insure the lives of millions of Americans. Shares of Hartford Financial Services Group Inc. are down 93% as of the close on Wednesday, March 11, 2009 from their 2008 high. MetLife Inc. and Prudential Financial Inc. are both suffering as the value of their vast investment portfolios declines.

As the economy weakens, analysts say many insurers face losses can eat away at the capital cushions regulators require them to maintain. In addition, experts say the industry is going through its most chaotic period in recent history and it’s a pretty scary situation right now.
The consequences of a weakened life-insurance industry for the overall economy are significant because life insurers are among the biggest holders of the nation’s corporate debt. For example, if life insurers stop buying bonds, the capital markets may not fully recover. Their buying activity has already declined.

Wall Street analysts say another problem for some life insurers is obligations for variable annuities, a retirement-income product that often guarantees minimum withdrawals or investment returns. As stock markets plunge to new lows, life insurers need to set aside additional funds to show regulators they can meet their obligations, further crimping sparse capital.

Life insurers’ woes have come largely from investment grade corporate bonds, commercial real estate and mortgages, regulatory filings show. Many insurers ended 2008 with high levels of losses that, due to accounting rules, they haven’t had to record on their bottom lines.
Hartford Financial had $14.6 billion in unrealized losses at year’s end. In addition, Hartford Insurance, through its agents, sold life insurance policies that were part of a welfare benefit plan popularly known as Niche Marketing, which has long been under IRS attack and is almost certainly regarded by the Service as an abusive tax shelter and/or listed transaction. Prudential, the second-largest insurer by assets, had nearly $11.3 billion in unrealized losses, up $5.4 billion in the fourth quarter from the previous quarter.

For additional advice and articles on this specific subject, you may want to look at www.IRS.gov, www.taxlibrary.us and www.financeexperts.org. You better review your policy and keep track of what is going on.
Lance Wallach, the National Society of Accountants Speaker of the Year, speaks and writes extensively about retirement plans, Circular 230 problems and tax reduction strategies. He speaks at more than 40 conventions annually, writes for over 50 publications, is quoted regularly in the press, and has written numerous best-selling AICPA books, including Avoiding Circular 230 Malpractice Traps and Common Abusive Business Hot Spots. Contact him at 516.938.5007 or visit www.vebaplan.com.

The information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.

What Businesses Can Gain From Them



 



America’s Best-selling CPE Programs

 

Below is a short excerpt from Business Valuation

 by Lance Wallach

               Business Valuations: What Businesses Can Gain From Them

A business valuation measures the worth of a business on the open market. It analyzes the company’s management, capital structure, future earnings potential and market value of its assets – and can be critical to running a successful enterprise.

Business valuations are often performed during a sale, merger or divorce proceeding. But every business can benefit from an annual valuation. After all, a business is typically the owner’s largest asset – and understanding its true worth can lead to opportunities for greater success.

The Information a Valuation Will Return
Business valuations are full of information essential to running a successful business, including:
·         Details about the reason for the valuation.
·         A description of the company and its market position.
·         An analysis of risk factors specific to the business and industry.
·         An assessment of economic conditions and industry trends.
·         Detailed past and projected financial statements.
·         A review of valuation methods, and justification for those selected.
·         An estimate of value, typically based on a weighted average of the various valuation methods.

Using This Information to Your Advantage
A business valuation allows owners to make informed decisions when working on long-term or expansion planning, retirement planning or estate planning. Without one, you could be making plans based on an underestimated value, and foregoing tax-saving strategies. On the other hand, an inflated view of your business could result in wasting time and money on a business that’s not worth as much as you thought.

The economy affects the value of every business, based on prevailing market forces. Armed with up-to-date economic information, a business owner can make solid decisions, such as putting off buying equipment or hiring employees. Or, he or she may decide it’s time to borrow money to fund an expansion, or tighten up on expenses to save cash.

The valuation’s thorough review of industry trends can be used to gauge where a business stands, compared to its competition. For example, if your business is not performing to the same level as comparable companies, you may be compelled to find out why. Without this information, it could be years before you discover you’re behind your competitors – and too late to catch up.

Do You Really Know What Your Business is Worth?
Many business owners rely on internal financial statements to determine the company’s value. But a professional business appraiser will take a thorough approach – so you have a highly accurate picture of your business’s worth.

The appraiser will gather a great deal of information about the business, the industry in which it operates, current and projected economic conditions and other factors that affect value. In most situations, the various accepted valuation methods will yield different results. For example, the income approach bases value on expected income generation, while the asset approach bases value on business’s assets. The market approach bases value on past sales of shares in the business or a similar one. Each approach will supply a range of reasonable values, which are supported by valid means of justification. In any case, you’ll have a clear and accurate snapshot of how well your company is doing – or not. Without a professional business valuation, you could be at a serious disadvantage.

An Annual Valuation Can Keep You On Track for Growth
Business valuations should be included in every business owner’s plan.




Lance Wallach, National Society of Accountants Speaker of the Year and member of the AICPA faculty of teaching professionals, is a frequent speaker on retirement plans, abusive tax shelters, financial, international tax, and estate planning.  He writes about 412(i), 419, Section79, FBAR and captive insurance plans. He speaks at more than ten conventions annually, writes for more than 50 publications, is quoted regularly in the press and has been featured on television and radio financial talk shows including NBC, National Public Radio’s “All Things Considered” and others. Lance has written numerous books including “Protecting Clients from Fraud, Incompetence and Scams,” published by John Wiley and Sons, Bisk Education’s “CPA’s Guide to Life Insurance and Federal Estate and Gift Taxation,” as well as the AICPA best-selling books, including “Avoiding Circular 230 Malpractice Traps and Common Abusive Small Business Hot Spots.” He does expert witness testimony and has never lost a case. Contact him at 516.938.5007, or visit www.taxadvisorexpert.com



The information provided herein is not intended as legal, accounting, financial or any type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.


Section 79 Plans: Follow the plan and get audited.

Section 79 Plans: Follow the plan and get audited.: Follow the plan and get audited.  What is a Section 79 Plan? Protection, Retirement, Innovation. A permanent benefit life insurance pla...







Wednesday, February 5, 2014


Business Owners in 419, 412i, Section 79 and Captive Insurance Plans Will Probably Be Fined by the IRS Under Section 6707A

Business Owners in 419, 412i, Section 79 and Captive Insurance Plans Will Probably Be Fined by the IRS Under Section 6707A

Posted on December 27, 2011, in Uncategorized, with 4 Comments
Business Owners in 419, 412i, Section 79 and Captive Insurance Plans Will Probably Be Fined by the IRS Under Section 6707A
by Lance Wallach

Taxpayers who previously adopted 419, 412i, captive insurance or Section 79 plans are in big trouble. In recent years, the IRS has identified many of these arrangements as abusive devices to funnel tax deductible dollars to shareholders and classified these arrangements as “listed transactions.” These plans were sold by insurance agents, financial planners, accountants and attorneys seeking large life insurance commissions. In general, taxpayers who engage in a “listed transaction” must report such transaction to the IRS on Form 8886 every year that they “participate” in the transaction, and the taxpayer does not necessarily have to make a contribution or claim a tax deduction to be deemed to participate. Section 6707A of the Code imposes severe penalties ($200,000 for a business and $100,000 for an individual) for failure to file Form 8886 with respect t

How to Market Your Business: Life Insurance, Listed, Abusive, IRS, Audits. 419 ...

How to Market Your Business: Life Insurance, Listed, Abusive, IRS, Audits. 419 ...

How to Market Your Business: Life Insurance, Listed, Abusive, IRS, Audits. 419 ...

How to Market Your Business: Life Insurance, Listed, Abusive, IRS, Audits. 419 ...

Working Capital



Working capital has a broad definition, but traditionally represents the difference between current assets and current liabilities, with requirements varying between companies, even within the same industry. These differences can result in difficulties between two parties when agreeing upon an amount in conjunction with the sale or purchase of a company. Several common issues often arise between the letter of intent and the final purchase agreement that could place a potential deal in jeopardy. This is why it's crucial to have a keen understanding of working capital management.
A company that is considering entering into a deal must consider several factors involving working capital management, and establish precise targets and definitions to protect themselves against miscalculations during negotiations. This white paper helps to illustrate the importance of working capital from company to company and outlines successful strategies for reaching an agreement and reducing the likelihood of future disputes.


The information provided herein is not intended as legal, accounting, financial or any type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.


Are You Really Prepared for the Valuation Litigation Meat Grinder?

Expert Witness Directory


     By Lance Wallach, CLU, CHFCCarl L Sheeler
 Abusive Tax Shelter, Listed Transaction, Reportable Transaction Expert Witness

PhoneCall Lance Wallach,  at (516) 938-5007




Received your ABV certification. Check. Or your CVA certification. Check. Pulling down an extra $20,000 to $50,000 for the firm. Check. Performing 2 to 4 formal reports annually. Check. And you now have five years under your belt with 20 or so reports completed and while you haven’t memorized AICPA’s SSVS-1, you know it addresses valuation standards applicable to CPAs. Check. Check.
So, why is your former $50,000 annual billings $20 million annual sales metal fabrication client the firm has been serving for the past decade suing your firm and you for $4 million plus damages and your E&O insurer has declined coverage?

Let’s visit the fourth engagement you completed a few years back. Remember you thought since you had some industry data for your comparative analysis you were fine. You were using the valuation report writer, so fine here, too. You used one of the better priced transactional data sources, so good there, too. After all, you are designated and have thousands of hours doing compilation work for business owners just like the metal fabrication company. That is solid experience you tell yourself.

So, what happened? Why the cold sweats? Your bio at the company website represented you were a seasoned valuator. That’s true…. Or is it? Most professions tend to use the 10,000 hours of full-time experience as a benchmark for the partner track. Some valuation organizations do, too.

Counsel for your former client retained, affable valuation expert, Theodore Rexnard. His clients call him T. Rex. He’s your worst nightmare. He just eviscerated your valuation report and now counsel has you by the shorthairs. He started matter-of-factly and indicated your report had no market analysis and weighted prior years’ performance even though the trend was downward for the last three years. He pointed out that there were three other comparative industry databases, which you did not use and there was only 14 companies that made up the sample set for your analysis, so the officer’s compensation adjustment was off by 400 basis points. He then indicated your guesstimate for the fabricator’s equipment’s value was beyond the scope of your training. He indicated you misapplied the excess earnings method, which should not have been applied at all because the equity to be valued was a minority interest and this method assumes a controlling one. You applied the median multiples of the one data source you had of closely held transactions. Problem is the Subject company performance was way below the median performance and the last of the transactions occurred in 2007; yet, no time adjustments were made for your 2010 date of value. Let’s just say you took averages from the discount studies without tying in the company’s performance, holding period or investor expected return.

So, the computer generated report looked pretty good. Check. Client doesn’t know what good looks like and happily paid the $12,000 fee. After all he trusted you and your firm. Too bad the value was $4 million below the value you represented it was “In your professional opinion".

This scenario is real and the CPA’s career prospects came to a screeching halt - a common epitaph. Let it be a caution to those who prey on the ignorance of unsuspecting clients there is likely to come a time that the distorted truth will come back and bite. Hard. Or you can refer business valuation work to competent professionals who perform BV services full-time. Clients win. So do you. And, no nightmare!


The information provided herein is not intended as legal, accounting, financial or any type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.

ABOUT THE AUTHOR: Lance Wallach,
Lance Wallach, National Society of Accountants Speaker of the Year and Member of the AICPA faculty of teaching professionals, is a frequent Speaker on retirement plans, abusive tax shelters, financial, international tax and estate planning.

Carl L Sheeler, PhD, ASA, CBA, AVA, A 20+ year business valuation expert, former Marine officer and Ph.D. (Finance) having performed 900+ high profile litigation, business appraisal, fairness opinions & restructuring engagements for legal, tax & transfer purposes for family businesses and midmarket companies. An IRS/Court qualified business appraiser serving hundreds of advisors, family offices, ESOPs, private equity groups & business owners in measuring, creating & defending $5.2+ Billion in company value.

Copyright Lance Wallach, CLU, CHFC

More information about Lance Wallach, CLU, CHFC


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.