A recent report from ABC News highlighted the increasing trend of "dead peasant" policies and their impact on victims and families. According to the report, this trend was highlighted in Michael Moore's recent movie, Capitalism a Love Story.
So what are dead peasant policies? They are corporate-owned life insurance policies that pay benefits to an employer when its employee dies. These policies have been under a great deal of scrutiny in recent years as they are said to be taken out only to give an unbelievable profit to the company - sometimes to the tune of a million or more dollars.
In the story, Irma Johnson was highlighted as the widow of a worker under a "dead peasant" policy. Apparently, her husband died of a brain tumor, and when he did, his employer - not Irma - cashed in a life insurance policy for $1.5 million. While she could have used the money to help take care of her family, the company used it instead as an investment scheme.
Originally, "dead peasant" life insurance policies were meant to insure just a handful of crucial executives. However, after companies realized their profitability and inherent tax-free benefits, they began to insure the everyday, or "peasant" worker. Now, some companies and banks have billions of dollars worth of these policies - and they're not looking to stop buying them anytime soon.
What's worse is that, according to the report, some employers are even holding on to these policies after their employee stops working there. In other words, years down the line, when this former employee dies, the employer still cashes in on their policy, unknown to the families.
Some families have begun to fight back by suing the companies because the government mandates that employers obtain the consent of employees before taking out these policies. But some say they did receive consent, probably by sneaking the consent form in with the mounds of other paperwork they ask a new hire to fill out during orientation.
This means, it's up to workers to make sure they know and understand everything they sign on the job - and conduct as much research as possible - to make sure their employer isn't making a "peasant" out of them.
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Modified Endowment Contracts: Chapter 3 of 5
As with every type of investment, you'll find that there are pros and cons to each. An MEC is no different.
MEC Tax Considerations
No one wants to break any rules when it comes to the IRS, however those who choose to invest in a modified endowment contract are willingly and knowingly doing that. According to Phoenix Wealth Management:
"A modified endowment contract or MEC is a life insurance contract that, for federal income tax purposes, is funded in a way that violates the "7-pay" test under Section 7702A(b) of the Internal Revenue Code. In that case, lifetime distributions from the policy are taxed under less favorable annuity-like rules rather than the more favorable rules for distributions from non-MEC life insurance policies."
Simply stated, some investors choose to break the rules in order to get the tax benefits in a life insurance policy to MEC conversion.
Advantages of MECs
- Opportunity to build more wealth using a tax-deferred investment
- Death benefit payments are not harmed by converting to an MEC
- Insurance investment products such as MECs have always been given preferential consideration by Congress
- MEC investors have the choice of when to pay the taxes made on the investment, and can wait as long as the age of 59 1/2 (retirement)
Disadvantages of MECs
- Extremely complicated tax laws to consider
- When distributions are taken out, that money may have additional taxes and penalties levied onto it as it will now be taxed on a "income-first" basis
- A standard 10% penalty tax will be levied on the withdrawn money if taken out before the age of 59 1/2 years
Because of the entangled nature inherent in MECs, only the most financially savvy individuals should pursue this investment opportunity. It is highly advisable that you contact your financial planner prior to attempting a Modified Endowment Contract strategy as the costs can be significant.
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