Own Your Own Protection Plan
Protect Your Tenants. Protect Your Business.
In today’s ever changing environment, it’s important for any successful business to develop a competitive advantage in the marketplace and mitigate the risks that come along with day-to-day business operations; the investment real estate industry is no different.
Customers are looking for added benefits when choosing a place to rent, and with the amount of competition in the market place, customer retention is becoming increasingly difficult.
In order to compete, companies must develop competitive advantages to differentiate itself above its competitors. One such advantage is the implementation of an accidental damage waiver and contents coverage program for your tenants.
Download our Executive Summary to see how the Tenant Assurance program can help you!
Minimize risk, and maximize the benefits by offering your own custom insurance program.
What is Tenant Assurance?
Tenant Assurance is a custom insurance program for tenants. For years, insurance companies have been collecting insurance premiums from your tenants. No one questions this paradigm because, well, that’s the way it’s always been. With Tenant Assurance, we’re attempting to retrain that perspective. We want to empower investment unit owners with the knowledge and guidance to help them manage tenant risks and relationships more effectively.
XYZ Property is a small to mid-sized company located in Denver, CO specializing in apartment unit rentals. They own 8 multi-unit apartment complexes. The company is owned by three siblings interested in minimizing risk for the business and, in the future, expanding into other markets.
- XYZ is a highly profitable company and expand their ownership in the multi-family dwelling space.
- XYZ requires proof of liability insurance prior to tenants moving in, however, the process is often time-consuming and results in the company allowing tenants to move in without the proof of liability insurance.
- XYZ is looking for a more efficient tool to mitigate the risk.
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Stop offering 3rd party insurance products; by owning your own Insurance Company you are taking steps to ensure your business stands out in the marketplace.
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