Partnering with SIIA to Shape Captive Insurance Policy in DC

By Sandra Fenters

Over the last 5 years, we have seen a whirl wind of activity around captive insurance in Washington. Some very positive; some less so.

Consider the following:

  • Farm mutuals received a boost with the 2015 PATH (Protecting Americans from Tax Hikes) Act.
  • In the initial versions, small business captives (taking the 831b election) were originally omitted, but with some lobbying, they were ultimately included in the final bill. Consequently, these captives enjoyed a healthy increase in tax deductibility limits of insurance premiums; this was a big boost for small business captives, and it looked like the captive market for small businesses would boom.
  • The Treasury and IRS had seen abuses over the years with select captive plans and began to cast a suspicious eye on many existing captive policies. The IRS issued a series of onerous Notices (for example: 2016-66), ramped up audits and filed a number of lawsuits to target broadly any possible abuses.
  • Part of the challenge was that Congress did not specify much of the detail of the new rules which led to industry and government confusion.
  • So despite the gains for small captives in 2015, an aggressive IRS has muted much of the gains.

 

Helping to Steer the Policies

With this uncertainty, SIIA (The Self-Insured Institute of America) and its Captive Advocacy Team have been active for the last few years to help shape the legislation and policies related to small business captives utilizing the small captive tax election.

I have been active on the Captive Advocacy Team since 2015 and have made over a dozen trips to DC to support these efforts. We focus on informing the legislators about the benefits of captives and are aware of the onerous reporting requirements.

My most recent trip was this Spring when colleagues and I met with the legislative teams of Richard Burr (NC), PatToomey (PA) and David Purdue (NC). During the blitz, 13 SIIA Advocacy Team members met with 38 legislative teams.

 

SIIA Advocacy Going Forward

Ryan Work, Vice President, Government Relations of SIIA, leads this governmental advocacy program and comments that after a few years of a more reactive mindset of ‘putting out fires,’ the Team plans to be more proactive in its lobbying efforts in Washington.

My next scheduled visit is November 20, 2019.

Please let me know if you have any questions or input on this program.

Captive Benchmarking

Released last week at the 2014 RIMS Annual meeting, the Marsh report contains a lot of interesting information regarding captives.  Some of the benchmarks included were:

  • 66% of the total captive count are single parent captives
  • Of the captives treated as insurance companies for tax purposes, 47% use a “brother/sister” approach, 42% use third party risk, and 11% use a hybrid of the two approaches.
  • Of the non-traditional coverages written in captives, crime insurance tops the writings, with medical stop loss or another layer of a self insured health plan also growing in popularity.

See the press release and article here:

“Majority of US-Owned Captives Not Generating Tax Benefits: Marsh”- Article written by Marsh on Tuesday, April 29, 2014, Article posted by The Wall Street Journal on Tuesday, April 29, 2014

(http://online.wsj.com/article/PR-CO-20140429-915886.html)

 

And the full report:    “The Evolution of Captives: 50 Years Later” by Marsh USA published April 29, 2014:

http://usa.marsh.com/NewsInsights/MarshRiskManagementResearch/ID/37880/2014-Captive-Benchmarking-Report-The-Evolution-of-Captives-50-Years-Later.aspx