Blackstone's Tax-Free Hedge Fund Pitch Draws Senator's Scrutiny
Private placement life insurance is a decades-old strategy that has been gaining popularity among the super-wealthy as a way to protect their fortunes from income and estate taxes.
August 15, 2022 at 12:45 PM
3 minute read
Senate Finance Committee Chair Ron Wyden is probing the use of private placement life insurance among wealthy Americans to avoid taxes, starting with a request for information from Blackstone Inc.'s Lombard International.
Private placement life insurance, or PPLI, is a decades-old strategy that has been gaining popularity among the super-wealthy as a way to protect their fortunes from income and estate taxes. A key perk is that the vehicles, which typically require a minimum investment of at least $2 million, can hold hedge funds and other financial products that would otherwise be taxed at the highest rates.
"I am concerned that these insurance vehicles are being used without a genuine insurance purpose to invest in hedge funds and other investments while avoiding billions of dollars in federal taxes," Wyden, an Oregon Democrat, wrote in an Aug. 15 letter to Stuart Parkinson, chief executive officer of Lombard, which had $67.4 billion of assets under administration as of the end of 2021.
Among the questions for Lombard, a wealth manager that New York-based Blackstone bought in 2014, include updates on its assets under administration in PPLI products, whether they're marketed as a way to avoid taxes and whether Blackstone refers possible clients. Answers are due by Aug. 31.
A Wyden representative said the letter is just the start of the investigation and the probe will include looking at other firms.
After a little-noticed change in insurance law in 2020 made PPLI more lucrative, advisers have been pitching the strategy to wealthy Americans as a way to preserve wealth for heirs and dodge tax increases proposed by President Joe Biden and other Democrats. Firms have started competing to offer increasingly flexible PPLI options, with lower fees and a wider choice of investments, including hedge funds or credit products.
While it's not the simplest strategy — strict rules determine whether a policy qualifies as life insurance, which, in turn, gives the accounts their tax benefits — it can avoid federal and state levies that in some cases surpass 50%.
Internal Revenue Service rules also demand that policyholders relinquish day-to-day control of their PPLI's decisions and the portfolio must be diversified in certain ways. These complications are among the reasons why advisers have said wealthy Americans should devote at least $5 million to make the strategy worthwhile.
"By definition, these policies are only available to the wealthiest 1% of Americans and offer a myriad of tax advantages not available to most working Americans," Wyden wrote.
The tax, climate and health bill approved by Congress this month doesn't include Biden's proposals to increase tax rates on wealthy individuals and their investment gains. However, the legislation, which Biden has said he will sign this week, does provide extra funding for the IRS to hire more auditors to scrutinize rich Americans' tax avoidance strategies.
Ben Steverman reports for Bloomberg News.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump Mulls Big Changes to Banking Regulation, Unsettling the Industry
CFPB Orders Big Banks to Limit Overdraft Fees to $5. But Will Its Edict Stick?
3 minute readUS Judge Throws Out Sale of Infowars to The Onion. But That's Not the End of the Road for Sandy Hook Families
4 minute readGreenberg Traurig Initiates String of Suits Following JPMorgan Chase's 'Infinite Money Glitch'
Trending Stories
- 1Zuckerman Spaeder Gets Ready to Move Offices in DC, Deploy AI Tools in 2025
- 2Pardoning Jan. 6 Defendants May Send Bad Message About Insurrection, Rule of Law
- 3Looming Clash Over Abortion Pills Shows Overturning 'Roe v. Wade' Settled Nothing
- 43rd Circuit Strikes Down NLRB’s Monetary Remedies for Fired Starbucks Workers
- 5Latest Class of Court Officers Sworn into Service in New York
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250