Veba Trust Agreement
Category : Uncategorized
Why would a company consider a VEBA? As revenues increased and the IRS reduced or eliminated traditional planning strategies, the need for this complex but useful program has increased. The VEBA-Trust offers businesses and their owners a number of important opportunities for tax, business and personal planning. It can offer a large number of benefits, including those paid in the event of a worker`s death, illness or accident. The payment of benefits is not based on time, but is caused by an event such as the death or disability of a member. A Voluntary Employment Association (VEBA) is a form of trust fund authorized by U.S. federal tax law, whose sole purpose must be to provide benefits to workers.  The types of benefits a VEBA can provide include accident insurance benefits, childcare expenses, continuing staff training, legal services fees, life insurance benefits, severance pay, supplementary unemployment benefits, sickness benefits, training benefits and leave benefits.   However, a VEBA cannot offer commuter benefits, miscellaneous ancillary benefits or pension income.  The plan may provide benefits to workers, their relatives or designated beneficiaries, or to former employees with disabilities, lay off or retired.   A VEBA MUST HAVE AT LEAST TWO PARTICIPANTS. Benefits are based on annual earnings and age. The plan must comply with several provisions of ERISA and the non-discrimination provisions of IRC Section 505, which require that benefits not discriminate in favour of highly off-employed staff.
All veba assets must be held by an independent agent for the benefit of the plan participants. The VEBA representative is the holder of the insurance contracts and each participating staff member signs a beneficiary designation held by the representative. In the event of the death of an employee, the agent receives death benefits from the insurance company and pays the aforementioned beneficiary. In order to prevent the amount of the VEBA death grant from being included in his estate, the participant may make an irrevocable designation of beneficiary, usually an irrevocable trust that benefits the members of his family. Such a fiduciary designation may also have the effect of excluding funds from the surviving spouse`s estate. Under what circumstances can the product be excluded? According to the standard rule of death inspection, the proceeds of death are exempt from inheritance after three years. However, this rule does not apply when the company sponsoring the VEBA has deducted the insurance premium. Under these conditions, the product can be immediately excluded without inheritance tax, without having to wait three years. Unlike other estate planning tools, a company that applies a VEBA has deductible contributions to the trust that takes out life insurance for members (including owners or key employees). A VEBA also allows customers with larger discounts to avoid potential annual gift tax, which is often incurred when the customer uses a large number of other means to keep life insurance income away from their discounts. For example, the CPA may recommend a VEBA to the complements of a family limited partnership that generates eligible taxable activity income.
VeBA allows partners to use pre-tax dollars to acquire death benefits that value the estate with millions of dollars exempt from gift tax. In the absence of VEBA, the only other way for the client is to enter into an irrevocable trust or partnership agreement and contribute an after-tax dollar. The IRS has issued several general counsel memoranda that legitimize the use of various VEBA funding techniques. . . .