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A New Split-Dollar ImperativeA New Split-Dollar Imperative

Ever since the Internal Revenue Service issued Notice 2001-101 in January of 2001, planners who advise clients on their split-dollar life insurance arrangements have had to deal with a Byzantine set of rules that yield different answers depending on the type of arrangement, when it was implemented, and if amended (also when). With the passage of Internal Revenue Code Section 409A and the issuance

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Charles L. Ratner, Lawrence Brodyand 1 more

March 1, 2008

22 Min Read
Wealth Management logo in a gray background | Wealth Management

Charles L. Ratner & Lawrence Brody & Mary Ann Mancini

Ever since the Internal Revenue Service issued Notice 2001-101 in January of 2001, planners who advise clients on their split-dollar life insurance arrangements have had to deal with a Byzantine set of rules that yield different answers depending on the type of arrangement, when it was implemented, and if amended (also when). With the passage of Internal Revenue Code Section 409A and the issuance of Notice 2007-34,2 planners have to deal with a whole new set of additional complications.

Notice 2007-34, issued April 10, 2007, accompanied publication of the final Section 409A regulations. The notice provides guidance on the application of Section 409A3 to employment-related split-dollar l...

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About the Authors

Charles L. Ratner

Charles L. Ratner is a commentator on life insurance and estate planning based in Cleveland, Ohio.

Lawrence Brody

Senior Counsel, Harrison & Held, LLP

Lawrence Brody retired as an Adjunct Professor at Washington University School of Law, after fifty years of teaching Estate Planning and Drafting.  He is a visiting Adjunct Professor at the University of Miami Law School, teaching a course on Life Insurance.  Mr. Brody is the author or co-author of numerous articles and books on the use of life insurance in estate and employee benefit planning, including two BNA Tax Management Portfolios, two books for the National Underwriter Company, and a number of volumes in the ABA Insurance Counselor Series.

Mr. Brody is a frequent presenter for ALI-CLE estate planning programs, Society of Financial Professionals programs, major life insurance industry programs (including the MDRT, LIMRA, the Top of the Table, AALU and the International Forum), the Heckerling Institute, the Notre Dame Estate Planning Conference, the Southern Federal Tax Institute, the NYU Tax Institute, the NAEPC Annual Meeting, and regional and annual ACTEC conferences.

Mr. Brody is a member of The American College of Trust and Estate Counsel (ACTEC), an emeritus member of the Advisory Committee for the Philip E. Heckerling Institute on Estate Planning (University of Miami School of Law), and a member of the Editorial Board of the Society of Financial Service Professionals CLU Journal.   Mr. Brody received the designation of Accredited Estate Planner by the National Association of Estate Planners and Councils and was one of ten individuals awarded its Distinguished Accredited Estate Planner designation in the initial class (2004).  He has been named in the Private Wealth Law Section of Chambers High Net Worth Guide. Mr. Brody was named a Distinguished Law Alumni by Washington University School of Law in 2012.