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Key Person Insurance: How It Works, Sizing, and Tax Treatment

Key person insurance is a policy a business owns on an essential person. Premiums aren't deductible, and IRS notice rules decide if proceeds are tax-free.

Key Person Insurance: How It Works, Sizing, and Tax Treatment

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What is key person insurance?

  • It's a life or disability policy a business buys on someone whose loss would cause it financial harm, with the business as owner and beneficiary.
  • Proceeds can fund recruiting, cover lost revenue, repay debt, or pay for an orderly transition.
  • It differs from buy-sell funding, where policies pay for a departing owner's shares, though coverage can be designed to serve both purposes.
  • It doesn't replace the person; it provides cash while the business adapts.

Full Guide

What is key person insurance?

  • It's a life or disability policy a business buys on someone whose loss would cause it financial harm, with the business as owner and beneficiary.
  • Proceeds can fund recruiting, cover lost revenue, repay debt, or pay for an orderly transition.
  • It differs from buy-sell funding, where policies pay for a departing owner's shares, though coverage can be designed to serve both purposes.
  • It doesn't replace the person; it provides cash while the business adapts.

Which businesses consider it?

  • Businesses where one or two people drive revenue, client relationships, or technical know-how.
  • Startups and small companies, where lenders or investors sometimes require coverage as a condition of financing.
  • Professional firms where clients follow individual practitioners rather than the firm.

How is the coverage amount set?

  • Common approaches weigh the person's contribution to profits, the cost to recruit and train a replacement, and debts tied to their involvement.
  • Insurers apply their own financial underwriting limits based on the business's finances and the person's compensation.
  • How long the disruption would last shapes both the amount and the policy term.

Should the policy be term or permanent?

  • Term life is usually simpler and cheaper, matched to the period when the person is hardest to replace.
  • Permanent life builds cash value that appears on the balance sheet, at a higher premium.
  • Permanent coverage is more often used when the policy also funds a buy-sell agreement or executive benefit.

How is key person insurance taxed?

  • Premiums aren't deductible when the business is directly or indirectly a beneficiary of the policy.
  • For employer-owned policies issued after August 17, 2006, proceeds above premiums paid are taxable unless the notice-and-consent requirements are met and an exception applies.
  • The employee must get written notice and consent in writing before the policy is issued.
  • The business must file Form 8925 for each year it owns such policies, and a CPA can confirm the full tax treatment.

When should coverage be reviewed?

  • Review annually, since the people most critical to the business change over time.
  • If the insured leaves or moves to a less critical role, the policy may no longer serve its purpose.
  • New financing, acquisitions, or growth can create new key person exposures.

Key takeaways

  • Key person coverage gives a business cash when losing an essential person would hurt it financially.
  • Size it from lost profits, replacement cost, and debts tied to the person.
  • Premiums aren't deductible, and proceeds are tax-free only if the Section 101(j) rules are met.
  • Revisit coverage as the business and its team change.