What is an 831(b) Captive?
Your Insurance Company
A captive insurance company is a form of alternative risk
management. It is a privately owned, closely-held, property and
casualty insurance company organized by the owner or partners of a
successful operating company or family of companies. The captive
puts the management of business risk in the hands of the business
owner rather than an unaffiliated outside insurance company.
Replacement or Supplemental
Coverage
Captive insurance companies are utilized to replace and/or
supplement the existing risk coverage of the operating company. The
captive can be used to cover gaps, exclusions and deductibles in
existing insurance policies. It can also issue policies for surplus
and custom-tailored coverages that are often too costly or not
readily available through standard commercial insurance
providers.
Issue Policies and Service
Claims
Under a typical captive insurance arrangement the operating
company pays premiums to, or purchases insurance from the captive.
The captive insurance company issues policies insuring the risks of
the operating company, and services claims filed by the policy
holder.
Premiums Are Deductible
Insurance premiums paid by the operating company to the properly
structured captive insurance company are deductible for income tax
purposes as ordinary and necessary business expenses under U.S. Tax
Code section 162(a)
Section 831(b) Captives
Under section 831(b) of the Tax Code, qualifying small insurance
companies with no more than $1.2 million in annual premium may
elect to be taxed on investment income only.
Your War Chest
Underwriting income is not taxed in a section 831(b) captive
insurance company. There is, therefore, significant opportunity for
your captive's reserves and surplus to rapidly accumulate and
become a sizeable war chest. This war chest is available to protect
your business against the risks that may otherwise seriously impair
your company's ability to operate successfully over the long
term.