ENTERPRISE RISK MANAGEMENT
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In today's ever changing risk environment, it's important for successful businesses to develop a comprehensive Enterprise Risk Management (ERM) program. An effective ERM program not only addresses tangible asset risk through traditional insurance carriers but also addresses intangible asset risks.
Enterprise Risk Management has been utilized by Fortune 500 companies since the '90's and have in large part leveraged certain tax incentives to mitigate risks to their intangible assets.
Download our Executive Summary to find out how you can mitigate this risk and leverage the associated benefits for your business.
Strategic Risk Alternatives offers strategies to maximize the benefits and minimize the risks with a custom Enterprise Risk Management program.
What is an Enterprise Risk Management Program?
An effective Enterprise Risk Management program helps you identify, plan for, and mitigate both tangible and intangible business risks.
The path to total risk management is guided by minimizing risk while maintaining cash flow, customer satisfaction and your position in the marketplace. Strategic Risk Alternatives maps the safest route toward a secure financial future for your company. Let us show you how.
Deschutes Corporate Consulting (DCC) was established in 1999, and is headquartered in Western Oregon. The company provides consulting services to regional corporate clients. These services primarily focus on human resource management and mid-level management consulting.
- DCC is a highly profitable company and is concerned about the growing risks of doing business in the modern-day
- It is currently working on implementing an enterprise risk management plan that will be comprehensive in addressing risks such as data breach, business interruption, supply chain interruption, and brand protection
- The company has implemented encryption systems and has given its employees training on best practices to avoid breaches, but is concerned about the possibility of these precautions failing to prevent a breach or the possibility the company fails to install a software update
- DCC is concerned about the sub limits within the policy regarding client notification costs.
- The company is also concerned they will have a loss of income in the event of a data breach, and is unable to purchase coverage for loss of income.
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Any size business can now implement a cost-effective Enterprise Risk Management Program!
Reinsurance is insurance for insurance companies. It is the transfer of part of the hazards, or risks, that a direct writer assumes, by way of an insurance contract or legal provision on behalf of an insured, to an additional insurance company, the reinsurer, that has no direct contractual relationship with the insured.
A direct writer is an insurance company that initially underwrites the risk, and then, may transfer the insurance it has written to another insurance company or reinsurance company.
An operating company would be known as the insured. The operating company transfers its risk to the direct writer for a premium. This process is the same as the operating company transferring their risk using a general liability or worker’s compensation policy.
SRA believes each producing company has risks that are unique. This risk needs to be assessed by SRA and the owners of the operating company. Once the risk is determined, the premium would be assessed by the underwriting direct writer.
Multiple risks may be transferred to the direct writer including: professional liability, non-merchantable warranty, supply chain interruption, data breach, food borne illness, brand protection, contingent business interruption & dispute resolution. The risk must be fortuitous and not considered to be a business risk.
In order for this to be a legitimate tax deduction there must be actual risk shifting and risk distribution. SRA utilizes risk shifting through the direct writer. The risk distribution is handled in the reinsurance agreement made between the direct writer and the reinsurance company. The reinsurance company will have 50% affiliated risk under a facultative clause and 50% unaffiliated risk is shared on a pro-rata basis across all reinsurance companies which have reinsured the same risk under a treaty clause.
This deduction would be a line item 162 deduction. This deduction would be treated no differently than the premium paid on a general liability or worker’s compensation policy.
SRA relies on several IRS ruling and private letter rulings. To find more detail, visit our Tax Resources page at strategicriskalternatives.com/tax-resources.
The direct writer will cede at least 90% of the premium. The administrator of the direct writer does not charge any other fees for: ceding premium, handling claims, handling loan documents, or any other quarterly processing requirements.
The administrator of the direct writer charges $5,000 to form a reinsurance company. This charge will go toward the chartering fees and legal documents for the formation of the reinsurance company. Stock certificates will be provided for the individuals or entities that will own the reinsurance company. The filing for the reinsurance company will be handled by the administrator of the direct writer as well. The ongoing fees to maintain a reinsurance company are typically $5,000 annually; this fee is paid to the administrator of the direct writer. Out of that fee the reinsurance company’s annual charter renewal fees are paid, and an 1120PC tax return is completed.
To take advantage of owning a reinsurance company the minimum premium that would need to be ceded into the reinsurance company is $80,000 annually. The maximum you can cede into a reinsurance company, for tax purposes, is limited to $2.2 million annually. The premium ceded into the reinsurance company has to be appropriate for the amount of risk being insured.
The reinsurance company is structured as a C-Corp and is domiciled in the Modoc Tribe’s sovereign reservation land in the state of Kansas. The administrator applies for the C-Corp’s Employer Identification Number and is subject to U.S. federal taxation. It files a U.S. Federal 1120PC tax return.
The IRS Code Section 831-B effectively allows a small casualty insurance company to receive up to $2.2 million per year in premiums without paying income taxes on the ceded premium. Taxes are only paid when the profits are distributed to shareholders. Under this structure the significant advantage is that a reinsurance company is able to accumulate a surplus from underwriting profits whereas non-insurance entities must pay tax in the year it receives the income.
Underwriting profit is exclusive to the insurance industry. Underwriting profit consists of the earned premium remaining after losses have been paid and administrative expenses have been deducted. It does not include any investment income earned on the held premiums. Investment income from the premium reserves will be taxed at C-Corp tax rates.
Access to reserves can occur in three ways:
- Declare a dividend, and distribute the reserve at a reduced tax rate.
- Upon liquidation, distribution may be taxed as a long term capital gain, reduced tax rate.
- Make loans to shareholders. No tax event occurs, but the note must be a performing loan and be documented under a loan agreement