Similarities and Differences Between IRC Section 419A(f)(6) and IRC Section 419(e) Plans

CPA’s Guide to Life Insurance

Author/Moderator: Lance Wallach, CLU, CHFC, CIMC

Below is an excerpt from one of Lance Wallach’s new books.

Similarities and Differences Between IRC Section 419A(f)(6) and IRC Section 419(e) Plans

                        One popular type of listed transaction is the so-called “welfare benefit plan,” which once relied on IRC §419A(f)(6) for its authority to claim tax deductions, but now more commonly relies on IRC §419(e).  The IRC §419A(f)(6) plans used to claim that the section completely exempted business owners from all limitations on how much tax could be deducted.  In other words, it was claimed, tax deductions were unlimited.  These plans featured large amounts of life insurance and accompanying large com­missions, and were thus aggressively pushed by insurance agents, financial planners, and sometimes even accountants and attorneys.  Not to mention the insurance companies themselves, who put millions of dollars in premiums on the books and, when confronted with questions about the outlandish tax claims made in marketing these plans, claimed to be only selling product, not giving opinions on tax questions.

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