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Captive Insurance Tax

UCaptive insurance has become one of the more common ways organizations manage risk and control rising insurance costs, and it comes with tax work specialized enough that most CPA firms still don't take it on. Larson & Company has worked with captives since the early days of the industry, and currently makes up close to a quarter of our firm’s revenue. We're one of the largest captive insurance service providers in the US, and Captive International recently ranked us among the top three captive CPA firms in the country. Our comprehensive captive tax practice is highly specialized and focused on the unique needs of captives.  

A captive manager runs a portfolio of returns against one renewal calendar, so a slow answer from any single CPA firm holds up the whole book. We work directly with the manager, not around them. Returns move on the schedule set at the start of the year, questions go to the person who actually prepared the return, and when the IRS shifts how it is treating a position, you hear about it before it shows up as a problem for your captive, not after. 

What we handle

Federal income tax returns. Preparation of the captive's return on the appropriate insurance company form, including the reserve related book to tax differences.

831(b) election analysis. We can consult you on whether the captive is eligible to make the 831(b) election, including analysis of its ownership structure and its compliance with the PATH Act requirements.

Premium tax and self procurement tax. These are taxes levied by domicile and in the states where risk is located. The state side is more often overlooked than the federal side and creates real exposure.

Reportable transaction analysis and disclosure. We can assist in determining whether a disclosure obligation applies and, where it does, preparing the required Form 8886.

Closing a captive. We consult on all of the tax consequences closing a captive, including personal holding company tax, corporate reorganization, and liquidating distributions.

Examination support. Responding to notices, information document requests, and examination, in coordination with your counsel.

Common questions

Group 247-1

Is a micro captive automatically a problem?

No. The 831(b) election is a provision of the code and captives use it legitimately. Attention has focused on arrangements lacking insurance substance, which is a different question from size.

Group -3

Can you prepare the tax return if another firm audits the captive?

Yes.
 

Group -9

What documentation should we be keeping in case the IRS audits our captive?

Actuarial support for pricing, underwriting files, claims files including denied claims, board minutes showing real decisions, the policies themselves, and support for the risk distribution arrangement. If you are keeping these already, you are in reasonable shape.

Group -6

Do we owe premium tax in states outside of the captive’s domicile?

Possibly. The rules governing where self procurement tax is assessed can be complicated. It’s often not limited to the captive’s domicile but rather the captive’s “home state.”

Talk to our captive tax team

Tell us the structure, the domicile, whether an 831(b) election is in place, and what prompted the call.