Our 4-Part Test ensures your 831(b) Plan meets tax code standards by verifying risk transfer, distribution, fortuitous risk, and adherence to insurance principles – essential for safeguarding your business.
Built on the foundations of Rev. Ruling 2009-26 and recent court rulings, we have created a stringent 4-Part Test to ensure 831(b) Plan compliance. Each part of the test is essential to successfully owning your 831(b) and the ability to elect under the 831(b) Tax Code.
The operating company must contractually transfer risk to an insurer. This 831(b) Plan uses a Direct Writer to underwrite risks and issue policies for premiums.
To limit the impact of large claims, the 831(b) Plan spreads risk among unrelated parties, utilizing risk co-ops that share risks proportionately.
The risk must be fortuitous, not ordinary business risk. Our Direct Writer covers various fortuitous risks, including business interruptions and political risk.
The 831(b) Plan operates like a for-profit insurer, following principles such as risk transfer, premium determination, claims processing, and reserve management.