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Private Split-dollar ArrangementsPrivate Split-dollar Arrangements

For estate planning using life insurance, and especially for large premium cases, split dollar offers an attractive method for funding the premiums with favorable gifting consequences. Before 2003, the rules for split dollar were a collection of revenue rulings and private letter rulings. But, beginning with Notice 2001-10 and concluding with published Treasury Regulations Sections 1.61-22 and 1.7872-15

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Lawrence Brody & Richard L. Harris

For estate planning using life insurance, and especially for large premium cases, split dollar offers an attractive method for funding the premiums with favorable gifting consequences. Before 2003, the rules for split dollar were a collection of revenue rulings and private letter rulings. But, beginning with Notice 2001-10 and concluding with published Treasury Regulations Sections 1.61-22 and 1.7872-15 and Revenue Ruling 2003-105, the Treasury and the Internal Revenue Service changed the landscape for split-dollar arrangements. The regulations ended “equity” split-dollar arrangements as of Sept. 17, 2003 (that is, those that allowed for the supposed tax-free transfer of cash value from the premium-payor...

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About the Authors

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.

Richard L. Harris

Greenberg & Rapp Financial Group

Richard L. Harris is the managing member of Richard L. Harris LLC, a life insurance sales and consulting firm devoted to helping the very wealthy and their professional advisors deal with issues regarding life insurance. He works as a back office life insurance expert for many accountants, attorneys, and trust officers. With 40 years experience, Richard is a nationally recognized expert in the very advanced areas of life insurance. He brings together expertise and cutting edge ideas in designing and implementing solutions incorporating life insurance that integrate and address the issues at hand. Apart from acting as a life insurance strategist and purchasing agent for life insurance for the very wealthy, he is often consulted about fixing or improving advanced strategies using life insurance that have become problematic because of legislation, poor performance, or change in circumstances. Richard consults on proposed advanced strategies using life insurance providing second opinions on the viability of the transactions. He also provides litigation support both forensically and strategically and serves as an expert witness regarding sophisticated life insurance transactions. Richard is a graduate of Long Island University where he majored in Accounting and Literature. He holds the professional designations of Chartered Life Underwriter, Registered Trust and Estate Practitioner, and Accredited Estate Planner. He is Chair of the Insurance Committee of Trusts & Estates Magazine, on the Editorial Advisory Board of Wealth Strategies Journal, a Contributing Editor to Private Wealth Magazine and is listed in Who's Who in Finance and Industry. He also serves on the Board of the Northern New Jersey Society of Financial Services Professionals and the Advisory Board of HighCap Financial.