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Captive Insurance Companies
 
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The nation's leading captive insurance company practices in the Los Angeles area and environs.

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This website provides an introduction to the concept of the captive insurance company and its most popular variants. It is written on an introductory and educational level to help those business owners and their advisors who are considering a captive arrangement.

A captive insurance company is simply an insurance company owned by the parent that underwrites the insurance needs of the parent's subsidiaries.

This website also supports the book Adkisson's Captive Insurance Companies: An Introduction to Captives, Closely-Held Insurance Companies and Risk Retention Groups written by Jay Adkisson. The author has been active in the alternative risk management sector since 1995, has been forming captive insurance companies since 1998, and for several years was the owner of a licensed captive insurance management firm in the British Virgin Islands.

Mr. Adkisson is an attorney licensed in California, Oklahoma and Texas and practicing in the law firm of Riser Adkisson LLP which has offices in Newport Beach/Orange County, California, and Athens, Georgia.  He has twice appeared as an expert witness to the U.S. Senate Finance Committee and has lectured to the U.S. Internal Revenue Service, the U.S. Department of Justice, the University of Miami's Heckerling Institute on Estate Planning, the American Bar Association, numerous state and county bar associations, and similar forums nationwide.

 

Since its release in late 2006, Jay Adkisson's book on captive insurance companies has become the all-time captive insurance bestseller, providing a basic introduction to captives and related structures and how they are properly utilized within the context of the client's overall business and estate planning.

Available now from: Amazon and Barnes & Noble

Captive insurance companies are here to stay. After the IRS lost its $600+ million challenge against a captive owned by United Parcel Service in 2001, the Service resigned itself to the legitimacy of captive insurance companies and soon thereafter abandoned its economic family challenges to captives. The IRS has since issued a great deal of guidance to assist captive owners in their proper structuring, management and reporting.

Most large corporations have captives. Starbucks™ formed a captive in 2007 for instance. Premiums paid to captives in 2006 in Vermont alone were estimated to exceed $11.55 billion.

EXAMPLES1 OF CORPORATE CAPTIVES
Parent Captive
Exxon-Mobil Ancon Insurance Company
Archer Daniels Midland Agrinational Insurance Company
Verizon Exchange Indemnity Company
AT&T Gateway Rivers Insurance Company
University of Michigan Veritas Insurance Corporation
Phillips Petroleum Sooner Insurance Company
Starwood Hotels Westel Insurance Company
Johnson & Johnson Middlesex Assurance Company
CBS Corporation Central Fidelity Insurance Company
Boeing Astro Limited
1Nearly all major U.S. companies now have captives. It is increasingly difficult to identify large companies that do not have a captive.

More than half of the states have now passed captive insurance enabling statutes, and more than a half-dozen of those states now aggressively cater to the domestic captive market. Captives are now being formed for medium-sized businesses that are able to pay as little as $500,000 per year in premiums to their captive.

Many advisors are only now becoming aware of the concept of the captive insurance company and introducing it to their clients. In addition to serving an insurance function, captives can also legitimately serve an intergenerational wealth transfer function to the extent that underwriting is successful by being tightly integrated with an advance estate plan. Financial and life insurance companies are now developing services and products that are specifically aimed at the captive marketplace.

We assist prospective captive owners and their advisors in evaluating, designing, and implementing captive solutions. We also review existing captive structures and suggest ways that they can be used more efficiently. In addition to Mr. Adkisson's own firms, we also have relationships with experienced and reputable insurance managers, actuaries, underwriters, and accountants who specialize in captive insurance arrangements.

You may contact Jay Adkisson for a telephone conference or for a speaking engagement by calling his scheduling assistant at 949.629.1176 or by e-mailing him directly to jay [at] risad.com (We serve clients nationwide).

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INDUSTRY NEWS

Vermont Reports Premiums of $15 Billion

Vermont reports that premiums paid to its captives in 2007 showed a 32.7% increase over premiums paid in 2006, although only four new captives were formed there in 2007 as other states aggressively compete for the new formation business.

READ MORE

TAM 200816029 on Partnership Entities Counted For Risk Distribution Purposes

IRS Technical Advice Memorandum 200816029 confirms that a partnership entity that is not treated as a disregarded entity will count towards the number of insureds for risk-distribution purposes, even if owned in substantial part by the same parent as the captive.

READ MORE

Michigan Adopts Captive Insurance Legislation

Read article here. Whether Michigan's notoriously anti-business reputation will allow the state to actually attract out-of-state captive business is another thing altogether. Forming in-state captives rarely makes sense because of state premium or independently-procured taxes, which is why businesses usually go out-of-state for their captive formations. Still, Michigan is one of the first large states to adopt legislation that seeks to attract captive formations.

READ MORE

IRS Abandons Challenge to Deductibility of Reserves Within Consolidated-Return Captives

Bowing to intense lobbying major corporations that have captives and Congressional pressure from the domestic captive domiciles, the IRS has decided that it will abandon its challenge to the deductibility of reserves within captives that are part of a control group with a common parent (which would encompass most large captives). This is a very clear and significant victory for the tax viability of captive insurance companies.

READ MORE

IRS Rules Each Cell of a Protected Cell Company Must Be Treated

as a Stand-Alone Captive for Testing of Risk Shifting and Distribution

Rev.Rul.2008-8 provides guidance on the standards for determining whether an arrangement between a participant and cell of a Protected Cell Company (defined below) constitutes insurance for federal income tax purposes, and whether amounts paid to the cell are deductible as "insurance premiums" under § 162 of the Internal Revenue Code.

READ MORE

 

 

Riser Adkisson LLC

 

CAPTIVE ISSUES

Benefits

Wealth Transfer

Concepts

Types of Captives

      Rent-A-Captives
      & Segregated

     
Portfolio Companies 

Taxation

Formation & Licensing

Policies & Risks

     Workers Compensation
     Captives 

Domiciles

 

SELECTED TAX ISSUES

Captives Taxation Overview

Stupid Captive Tricks

501(c)(15) Exemption

831(b) Election

1563 Control Group Rules
 

IRS GUIDANCE

IRM 7.25.15.1

RevRul 2001-31

RevRul 2002-89

RevRul 2002-90

RevRul 2002-91

Notice 2003-34

Notice 2003-35

RevRul 2005-40

RevRul 2008-8
 

TAX CASES

1989 - Humana

1990 - Gulf Oil

1992 - Amerco

1992 - Sears, Roebuck

1993 - Ocean Drilling

1995 - Malone & Hyde

1997 - Kidde Industries

2001 - UPS

 

STATE TAXATION

State Taxation of Captives
Dow Chemical
 

STATE DOMICILES

Arizona

Hawaii

Kentucky

Montana

South Carolina

Utah

Vermont

 

OFFSHORE DOMICILES

Bermuda

British Virgin Islands

Cayman Islands

 

CAPTIVE SCAMS

Captive Scams
 

SITE INFORMATION

Contact Information

Free Newsletter & Updates

About the Captive Book

Warnings & Legal Information

 

ABOUT JAY ADKISSON

Background & Appearances

Asset Protection Book

 

CONTACT INFORMATION

Phone: 949.629.1176

jay [at] risad.com

Serving Clients Nationwide

 
PAST APPEARANCES
2008 -- April 4 -- San Diego -- Jay Adkisson presented "Captive Insurance Companies" at the BGA Sales Summit 2008 of the Underwriting Services of America
 
2007 -- October 18-19 -- San Diego -- Jay Adkisson presented "Captive Insurance and Estate Planning" along with Fred Turner of Active Captive Management LLC and Donnie Spann, the Utah Captive Insurance Commissioner, at the 27th Annual Southern California Tax & Estate Planning Forum
 

© 2008 by Riser Adkisson LLP. All rights reserved. No portion of these materials may be reproduced in whole or in any part without the express written permission of Adkisson Publishing Inc. Legal issues should be faxed to 877-698-0678.

 

 

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