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Mis-sold Ppi
I can remember going to my bank in the late 1990s to enquire about a loan for a new car. I`d fell in love with this slinky, silver sports car and being a single male at the time, with plenty of disposable income, I thought I`d treat myself to this flashy kind of motor. The bank eventually approved my loan but I was forced into taking out payment protection insurance at the same time. I`m not sure why I took it out to be honest. I think I felt pressured into taking out the policy because the person whom I spoke at the bank said it strengthen my initial loan application if PPI was in place. Nothing was explained to me about the PPI and how it would cover sickness payments or payments for the loan if I was made redundant. In fact, I think I was Mis-sold Ppi by the bank and had it not been so long ago I would put a claim in against the bank in question. Over the years countless customers have been Mis-sold Ppi policies through the banks. Huge profits could be made out of PPIs so you can see why banks would push them onto their customers. Today people are fighting back. Anyone who thinks they might have been Mis-sold Ppi polices in the past can speak to claims management firms who will take their case on and try to recover as many payments as possible.

If you?re considering ?selling? your life insurance policy you must have some understand the potential tax consequences of the sale.

As a life settlement of an insurance policy is in effect the sale of the policy to a third-party, and not a surrender of the policy to the insurance company. Actually, the policy doesn?t need to have a cash value to be eligible for a life settlement transaction. The tax implications are twofold, and are relatively complex. While the IRS has not issued definitive guidance on life settlement transactions, it has relied on the application of its laws and regulations that address similar situations.

Basic income tax concepts clearly indicate that gains and losses are computed by taking the selling price of an item and reducing it by any selling expenses and the investment in the item. The investment in the item is known as its ?basis.? When dealing with life insurance policies, the basis in the policy is the total of all premium payments made on the contract. The amount of basis in the policy has a direct bearing on the amount of gain to be recognized from both a surrender and settlement transaction. In general, the basis computation is straight-forward, simply being the sum of the premiums paid to the insurance company.

When a surrender of a policy to the issuing insurance company occurs, the difference between the surrender proceeds and the basis in the policy is subject to income tax at ordinary income rates. This concept is important, as it is the first taxable gain computation performed in a settlement transaction. In effect, this surrender value minus basis gain is treated identically whether the policy is surrendered or settled. If the surrender value is lower than the basis, there is no ordinary gain to be reported and the proceeds are treated as a return of basis without a tax cost.

The second taxable gain computation is unique to a settlement transaction, and results in a gain that is subject to tax at favorable capital gain rates. In this computation, the settlement proceeds are compared to the surrender value used in the ordinary gain determination. Because a settlement transaction involves selling the contract, and the insurance contract is treated as a capital investment, this portion of the gain is treated as a capital gain.

To see an illustration of the above tax consequences visit Insurance Settlement Review: click here for Capital Gains Examples

Jim Prescott, CPA business consultant for over 30 years specializing in small and medium size businesses that range from closely held to publicly traded companies. Jim is a Partner in CPA firm Prescott Chatellier Fontaine & Wilkinson, LLP that offers audit, accounting, investment advice, tax planning services, estate plans, pension plans consulting and insurance advice. In addition to the CPA firm`s web site Prescott Chatellier Fontaine & Wilkinson, LLP you can find more information and Articles on Life Settlements at Insurance Settlement Review

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