The Wall Street Journal is excellent today in a page-one story on how the life-insurance industry has evolved into something of a tax haven for the rich.
Basically, life insurance has increasingly become a way to invest and not pay even the capital-gains rate, which is about 60 percent lower (for long-term investments) than the top income-tax rate. The Journal’s Mark Maremont and Leslie Scism, two of the paper’s best journalists, report that this has happened as life insurance has become less important as a safety net for the non-rich—overall policy sales are down nearly half over the last quarter-century.
And it costs taxpayers a lot of money: About $265 billion over the next decade. Who holds these tax-free policies?
According to Federal Reserve survey data, 22% of assets accumulated tax-free in whole-life and universal-life policies were held by the wealthiest 1% of U.S. families in 2007—those with more than $8.4 million in net worth. More broadly, 55% of the assets in such policies were held by the wealthiest 10% of families. The bottom half by net worth held 6.5% of these assets.
The dog that doesn’t bark here, unfortunately, is overall income inequality: These numbers roughly jibe with overall (adjusted gross) income numbers and the trend toward inequality. In 2007, the top 1 percent took in 23 percent of all income, while the top 10 percent took home 48 percent. (Wealth is even more concentrated: The top 1 percent has more than twice the wealth of the bottom 80 percent: 35 percent of the country’s wealth for the richest one in a hundred compared to a pitiful 15 percent for the poorest eighty of a hundred.)
But aside from that miss, this is great work. We get some context on the history of life-insurance, including in the excellent lede, and the industry’s tax exemption, plus some good anecdotal reporting, including this:
One client is Maryanne Ingemanson, 77 years old, who made a fortune in California real-estate development and now lives on the shores of Lake Tahoe, Nev. A complex plan set up by Mr. Oshins has moved 90% of her net worth into a “dynasty trust” for heirs intended to be passed on tax-free for many generations, she says. A key element is a $20 million policy on the lives of both her and her late husband, which pays out after both are dead.
And this from a conference of insurance agents:
Another expert gave a case study involving a wealthy couple with a family business. He said that, by using a structure combining giant life-insurance policies with trusts and limited partnerships, he cut their estimated future estate-tax bill to less than $9 million, from $46 million.
This is just one of the many ways the rich keep their tax bills down. Remember, the overall effective tax rate, including federal, state, and local taxes for the top 1 percent was 30.9 percent—well below the 35 percent top federal tax bracket and the estate-tax rate (when it comes back) of 55 percent.
This one’s a real eye-opening piece. Applaud the Journal for digging into this undercovered policy issue.
— Further Reading:
Audit Interview: Mark Maremont. “Journalism, unfortunately—and even more these days—seems to be backward-looking.”
Old-Fashioned WSJ Leder Spotted in the Wild.
“The Insurance Hoax” and the Business Press: Bloomberg Markets’s latest cover story and a Times piece perform a valuable service; Forbes and WSJ editorialists blow key Katrina fact.

Some good information in this, yes, but my take is a bit different. As a former WSJ editor, I can say that pre-Murdoch this story wouldn't have made it into the paper -- at least in this form -- because right there at the top the reporter concedes there's no bill in Congress to change the law and opposition to taxing insurance benefits is likely to be great. In other words, nobody's dog ran away today. The new regime, however, is as interested in creating buzz as reporting real news. Sic transit gloria mundi.
#1 Posted by Winston Wood, CJR on Tue 5 Oct 2010 at 10:29 AM
Thanks for the nice writeup, Ryan.
As for Winston's comments, I must disagree vehemently. As a WSJ veteran I'm almost certain this article would have been published in the days of an independent Dow Jones.
In addition to reporting on news, good journalists find stories that are NOT being talked about widely, even in the august halls of Congress.
#2 Posted by Mark Maremont, CJR on Tue 5 Oct 2010 at 07:24 PM
Interesting in some respects, but not "news" as it used to be understood. The writer's agenda speaks loudly through the veneer of the information presented.I always enjoy the phrase "costs the taxpayers" in reference to additional taxes that could be paid. The flip side of that statement is "costs the individual taxpayer". It is a subjective comment and it's use by a reporter demeans the profession of journalism. There are two aspects to life insurance: the build up of untaxed cash value is one and could be a legitimate topic to debate. But the other aspect is the death benefit. This is NOT an investment and it would not make sense to subject it to capital gains tax. The "dynasty trust" issue is a separate topic from insurance. The writer blurs all of these in his venting.
#3 Posted by Bob Hartfield, CFP, CJR on Wed 6 Oct 2010 at 07:30 AM
As a 28 year Mutual Life Insurance company Financial Advisor I’d have to say the facts in the article are about 90% correct. My main point in this comment is that "modest income" Americans can buy the same product (the wealthy buy) by paying a monthly premium. That's something to celebrate.
#4 Posted by Garry Burry, CJR on Wed 6 Oct 2010 at 01:16 PM
Bob --
Thanks much for the interest. For the record, we didn't use the phrase "costs the taxpayers." But of course, this type of tax break is counted by CBO and others as a so-called tax expenditure, which means foregone revenue.
The mention of dynasty trusts was very secondary -- people are setting them up, and some are using life insurance to help fund the trusts. This was just an illustration to show how large life policies sometimes are used in estate-tax planning, perfectly legally as far as I know.
#5 Posted by Mark Maremont, CJR on Thu 7 Oct 2010 at 11:07 PM
Mark- check the article, my friend. 9th line down- first eight words; "And it costs taxpayers a lot of money". (For the record)
#6 Posted by Bob Hartfield CFP, CJR on Tue 16 Nov 2010 at 10:56 PM
Mark- check the article, my friend. 9th line down- first eight words; "And it costs taxpayers a lot of money". (For the record)
#7 Posted by Bob Hartfield CFP, CJR on Tue 16 Nov 2010 at 10:58 PM