IRS Clarifies Legality of 419(e) Plans

IRS Clarifies Legality of 419(e) Plans

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  1. Tuesday, July 15, 2014
    Abusive Tax Shelters: Section 79 & 419 Plans Litigation: Section 79 Plans Most people have neve...
    Abusive Tax Shelters: Section 79 & 419 Plans Litigation: Section 79 Plans Most people have neve...
    Posted by lance wallach at 1:07 PM
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    lance wallachJuly 15, 2014 at 1:08 PM

    Lance Wallach
    October 16, 2012 ·
    Section 79, captive insurance, 412i, 419, audits, problems and lawsuits
    April 24, 2012 By Lance Wallach, CLU, CHFC

    Captive insurance, section 79, 419 and 412i problems
    WebCPA

    The dangers of being "listed"
    A warning for 419, 412i, Sec.79 and captive insurance
    Accounting Today: October 25,
    By: Lance Wallach
    Taxpayers who previously adopted 419, 412i, captive insurance or Section 79 plans are in
    big trouble.
    In recent years, the IRS has identified many of these arrangements as abusive devices to
    funnel tax deductible dollars to shareholders and classified these arrangements as "listed
    transactions."
    These plans were sold by insurance agents, financial planners, accountants and attorneys
    seeking large life insurance commissions. In general, taxpayers who engage in a "listed
    transaction" must report such transaction to the IRS on Form 8886 every year that they
    "participate" in the transaction, and you do not necessarily have to make a contribution or
    claim a tax deduction to participate. Section 6707A of the Code imposes severe penalties
    ($200,000 for a business and $100,000 for an individual) for failure to file Form 8886 with
    respect to a listed transaction.
    But you are also in trouble if you file incorrectly.
    I have received numerous phone calls from business owners who filed and still got fined. No

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