Insights
Leveraging Life Insurance in Business Succession: Protecting Value, Partners, and Legacy
by Sequoia Financial Group
by Sequoia Financial Group
For many business owners, a significant portion of personal wealth is tied to the company they have spent years building. That concentration can make business succession planning especially important. If an owner or key employee dies unexpectedly, the business may face questions about ownership, liquidity, leadership, and the financial needs of the owner’s family.
Life insurance can play a strategic role in a broader business succession plan by providing liquidity when it may be needed most.
How Can Life Insurance Support a Buy-Sell Agreement?
A buy-sell agreement establishes how an ownership interest may be transferred following certain triggering events, such as an owner’s death. Life insurance can provide a source of funds to help facilitate the purchase contemplated by the agreement.
Depending on the structure, policies may be owned by individual business owners or by the business itself. Following an insured owner’s death, proceeds can potentially provide liquidity to purchase the deceased owner’s interest rather than requiring the surviving owners or company to rely entirely on available cash, financing, or the sale of other assets.
Life insurance death benefits are generally excluded from a beneficiary’s gross income for federal income tax purposes, although exceptions and special rules can apply. 1
What is Key Person Life Insurance?
Succession planning is not limited to ownership. A company may also depend heavily on a founder, executive, rainmaker, or other key employee whose death could disrupt revenue, client relationships, operations, or leadership.
With key person life insurance, the business generally owns a policy on the individual and is the beneficiary. Proceeds following the insured’s death may provide capital as the organization navigates the transition.
Employer-owned policies also come with specific federal tax requirements. For certain employer-owned life insurance contracts, the Internal Revenue Code requires written notice and consent before a policy is issued, and businesses may have reporting obligations related to those policies. 2,3
How Can Life Insurance Fit into a Business Owner’s Estate Plan?
Business succession and estate planning are closely connected. Decisions about policy ownership, beneficiaries, business valuation, and the transfer of ownership interests can affect both the company and the owner’s broader estate plan.
For example, life insurance proceeds may be included in a decedent’s gross estate in certain circumstances, including when the decedent held specified “incidents of ownership” in the policy at death. 4 Transfers of existing policies can also create tax considerations under the transfer-for-value rules. 1
These details make coordination among financial, legal, tax, insurance, and valuation professionals particularly important.
When Should Business Owners Review Their Life Insurance Strategy?
A life insurance strategy should evolve alongside the business. Changes in company value, ownership percentages, leadership, debt, family circumstances, or succession objectives may affect whether existing coverage still aligns with the broader plan.
For business owners, the goal is not simply to purchase a policy. It may be to understand how insurance fits within a coordinated succession strategy; one designed to provide liquidity, support an orderly ownership transition, and help carry the business and family legacy forward.
At Sequoia Financial Group, we work with business owners to evaluate how succession planning fits within their broader financial lives, bringing together investment, tax, estate, insurance, and business planning considerations.
Sources
- Internal Revenue Service, “Life Insurance & Disability Insurance Proceeds”
https://www.irs.gov/faqs/interest-dividends-other-types-of-income/life-insurance-disability-insurance-proceeds - Internal Revenue Service, “Notice 2009-48: Treatment of Certain Employer-Owned Life Insurance Contracts”
https://www.irs.gov/irb/2009-24_IRB - Cornell Law School Legal Information Institute, “26 U.S. Code § 6039I — Returns and Records With Respect to Employer-Owned Life Insurance Contracts”
https://www.law.cornell.edu/uscode/text/26/6039I - Internal Revenue Service, “Instructions for Form 706”
https://www.irs.gov/instructions/i706
The views expressed represent the opinion of Sequoia Financial Group. The views are subject to change and are not intended as a forecast or guarantee of future results. This material is for informational purposes only. It does not constitute investment advice and is not intended as an endorsement of any specific investment. Stated information is derived from proprietary and nonproprietary sources that have not been independently verified for accuracy or completeness. While Sequoia believes the information to be accurate and reliable, we do not claim or have responsibility for its completeness, accuracy, or reliability. Statements of future expectations, estimates, projections, and other forward-looking statements are based on available information and Sequoia’s view as of the time of these statements. Accordingly, such statements are inherently speculative as they are based on assumptions that may involve known and unknown risks and uncertainties. Actual results, performance or events may differ materially from those expressed or implied in such statements. Investing in equity securities involves risks, including the potential loss of principal. While equities may offer the potential for greater long-term growth than most debt securities, they generally have higher volatility. Past performance is not an indication of future results. Investment advisory services offered through Sequoia Financial Advisors, LLC, an SEC Registered Investment Advisor. Registration as an investment advisor does not imply a certain level of skill or training.
This material is for informational purposes only and is not intended to serve as a substitute for personalized investment advice or as a recommendation or solicitation of any particular security, strategy, or investment product. Diversification cannot assure profit or guarantee against loss. There is no guarantee that any investment will achieve its objectives, generate positive returns, or avoid losses. Sequoia Financial Advisors, LLC makes no representations or warranties with respect to the accuracy, reliability, or utility of information obtained from third parties. Certain assumptions may have been made by these sources in compiling such information, and changes to assumptions may have material impact on the information presented in these materials.
The tax and estate planning information offered by the advisor is general in nature. It is provided for informational purposes only and should not be construed as legal or tax advice. Always consult an attorney or tax professional regarding your specific legal or tax situation. Clients requesting tax return or estate preparation services are referred to a commonly held affiliate, Sequoia Tax Services, or a third party, and not Sequoia Financial Group.
Investment advisory services offered by Sequoia Financial Advisors, LLC, an SEC Registered Investment Advisor. Registration as an investment advisor does not imply a certain level of skill or training.
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