All Forum Posts by: Thomas Rutkowski
Thomas Rutkowski has started 20 posts and replied 801 times.
Post: How to create a “Family Bank” without using Whole Life Insurance?

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Lingo Lin:
@Thomas Rutkowski , what an eye opener thank you. I’ll PM you for more details. I read the 101 and the thread where it was chopped to pieces, especially enjoyed the active real estate investor and how he used the vehicle...not the insurance ;), its sinking in.
Your statement made in that thread is the golden nugget;
——start quote——
“A properly designed policy for leverage like this should have about 85% cash value to premium in a 5-pay or 7-pay design. The infinite banking guys underfund their policies to allow you to "pay interest to yourself". This "interest to yourself" is really just excess premium that you should have paid into the policy up front. Underfunding is great for the agent (higher commissions) but bad for the client (less cash value to leverage).
Remember, policy loans are loans from the insurance company. They are loaning you their money with your cash value as the collateral. The more cash value to premium, then the bigger the loan you can take. The bigger the loan, the more money that is working in two places at one time.
Strategically, and this is for everyone following, you should get a commercial loan with your cash value as collateral/personal guarantee. This will allow you to get a better rate and more importantly, deduct the interest as a business expense (assuming you are doing business in a business entity.
So not only do you get the advantage of tax-free growth on the cash value, but you can also reduce the taxable income on your real estate investments.”
——end quote—-
That statement is absolutely great and thank you for that Thomas.
Venturing forward a bit...crossing the line, maybe unchartered territory?
You mentioned deducting the interest if using a business entity, I get that, basically a business tax write-off, my original “vision” for my family a group of 25+ may require a different approach given that many of them may not even qualify for a WL plan as many don’t have stable income or may simply not make enough at their current jobs to afford the monthly premium payments.
My proposed solution is working with an RE CPA and Attorney to create an entity that would allow the family to pool funds in a checking account (use accounting tools to keep track and abide by all legal and IRS guidelines) funds that if needed will be available to take out as a loan (not borrow against the funds) the interest paid on that loan will go 100% back into the borrowers account, this interest will help offset the lower interest paid by the checking account itself (example Goldman Sachs has online savings with 2.25% interest) if the loans taken have a 1% per month interest on them, thats 12% a year on just the portion of what was taken out as a loan. Many family members may never need to take out a loan in a given year so they would have the option to transfer all or part of their funds to another checking account specifically for providing small loans to other family members at say 2% per month interest (1% going to the member who put funds in the loan account and 1% going to the person who took out the loan) Risk would be minimized as they are small loans under $2500 and can increase as each successful loan is paid (like building credit worthiness) within the family, no colateral, more of a trust as we meet religiously on a monthly basis it’s like Thanksgiving every month with my family.
We’d like to brainstorm different investment projects (cross checking each with a RE Attorney and CPA as well as a respected Pro in that field) it can be real estate, small business, etc.
Its a vision that has a lot of moving parts but it puts the interest rate paid to the insurance company back into family hands where it can be used to buy other assets and as for insurance a 35 year term policy would give any family member a 35 year window to generate more funds using assets, specifically real estate, which can very likely exceed the death benefit offered in a WL policy.
I read somewhere that upon death in a WL policy, the cash value is absorbed by the insurance company and then the death benefit is paid out to the beneficiary, so if a death benefit is say 1 million and the cash value is at $750k, it’s equivalent to having a $250k term policy even if you had to renew a 35 year term policy at an older age, there is life insurance for seniors.
The part of the WL premium that covers other costs including the life insurance portion, if its 15% of the value to premium, thats a big chunk if monthly premium payments are say $750-$1000 (I don’t know the numbers just an example) thats $125+/month for life insurance, same coverage may be had in a 35 year term for half that.
Just would like more understanding from a Financial Planner point of view.
What are your thoughts on this? have you seen this done or something similar for a large group.
Thanks!
Talk to your CPA/Tax Advisors abut the structure. That said, an investment club model might work for your group.
You are partially right. Their "amount at risk" is only $250K and that is covered by them essentially purchasing a $250K term inside the policy. But follow the money. The insurance company does not keep the cash value. The cash value of the policy is literally you saving up your own death benefit. The insurance company is only responsible for the gap between the death benefit and your cash value. BTW, this provides an incentive for the insurance company to earn the highest/safest return possible. The faster the cash grows, the quicker their risk is eliminated.
Example 1: If you have a $1M death benefit policy with $500K of cash value, your beneficiary will receive $1M. $500K comes from the insurance company (their portion of the risk) and the other $500K comes from the cash value.
Example 2: Same policy and cash value, but this time you have a policy loan of $500K secured by the cash value. If you die, the insurance company takes the cash value because it is the collateral securing the loan you took. Your beneficiary still gets the remaining $500K.
Don't lose focus on the big picture. Here's an example looking at one year in isolation...
Assumptions:- Let's say you can make 10% doing private lending.
- The fees are what they are. We are looking at the cash value, not the premium. The cash value to premium ratio will be about 85% for year one.
- Mass Mutual's current dividend rate is 6.4% (that's the return on the cash value, not the premium).
- You can get a line of credit against the policy's cash value at 5.25%. That's my current rate from my bank.
- Let's also assume that your marginal tax rate is 40%.
- $100,000 annual premium for 5 years. Paid at issue.
Let's look at the just the first year's premium in isolation. (The fees actually get better in later years.)
Status Quo:If you DON"T do this, then you simply earn 10% on the full $100K. That $10K will be taxed at 40% and you will walk away with $6000 after tax. Your net after tax return is 6%. You will begin Year 2 with $106,000 from your lending activities, plus another $100,000 you are committing.
Leveraging Cash Value: Your $100K premium turns into about $85K of cash value that can be leveraged using a 3d party line of credit. With a 6.4% dividend, the cash value return will be $5,440 ($85K x 6.4%). You will start Year 2 with $90,440 of cash value plus another $85K from the next premium. You borrow $85K at a cost of 5.25%. You earn 10% on the private lending you do with that money. At tax time, the numbers look like this...You have revenue of $8,500 (10% return). You deduct your cost of money as a business expense, so you have taxable income of $4,462.50. You will pay $1,785 in taxes leaving you with $2677.50. When we look at the combined efforts, we made $5,440 on the cash value and $2,677.50 on the "side fund". That is a combined total of $8,117.50 after tax. Your net after tax return on the $100,000 investment is 8.12%. The problem, of course, is that between the two accounts, you only have $93,117.50, right? This is where you have to think long term. Would you rather have $100,000 growing at 6% (net of tax), or $85,000 growing at 8.12%?
Post: How to create a “Family Bank” without using Whole Life Insurance?

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Lingo Lin:
@John Perrings is there a limit or penalty to how many months of payment can be missed?
Funds taken out are taken out as a loan correct?
The interest on the loan goes back 100% into one’s account?
I had a health and life Insurance license many years ago, I never really put it to use, so my knowledge is limited to what I can remember, which is not much :)
What I do remember at least from selling the products is that doing the math revealed that the portion in the whole life policy that covered the insurance was higher than the same face amount on a term policy.
I would assume this is due to a whole life insurance policy is just that for your whole life no need to seek it for a new term ever 10 years which would cost more as each term rolls in.
If the money can only be taken out as a loan, it won’t satisfy our families needs.
The forced savings element is so that part of that can be used for a group investment in say real estate.
Real estate when purchased and sold at the right times in the cycle can generate a higher return and offers more tax breaks than funds being held for decades in a whole life policy, as the value of the dollar goes done over time, it just doesn’t make sense, or I just don’t see how it does at this moment.
The subject of using life insurance as a bank has been beat to death on this thread...
1. The way you access the cash value of a policy is by a loan. That loan can be from the insurance company or from a 3d party bank. In either case, the lender gets an assignment of collateral against your cash value to secure the loan. So no, the interest does not go back into your account. The gimmick that these different "family banking" advocates use is that they get you to think that you are borrowing from yourself and paying yourself back with interest. That interest you are paying yourself is in the form of Paid-up Additions (read: More Premium) into the policy.
If you are trying to build a family bank, wouldn't you want to put as much money as possible into it up front? You would want to keep the fees and expenses to a minimum and stuff the bank as full as possible so that you could draw the biggest loan against it as possible.
If that is the objective, why would you want to put premium into the policy later? Its self-defeating and inefficient.
Bottom line: The interest is paid to the insurance company or the bank who loaned you the money. if you borrow from a bank, the interest expense may reduce your taxable income because of the interest deduction.
2. In regards to your last paragraph, the cash value of the life insurance is not your primary investment. When you borrow against the cash value, you literally have two assets working for you at the same time. And the combination of the cash value and the real estate investments will be greater than the same amount of money invested directly in real estate. I have numerous mathematical examples of this in the thread that I referenced above.
3. This is a good Life Insurance 101 that explains the basic mechanics of a permanent life insurance policy...
https://www.biggerpockets.com/member-blogs/7595/77981-whole-life-vs-indexed-universal-life-life-insurance-101
Post: Do investors negatively distort the market?

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Mike Dymski:
It's more complicated. The following drive housing prices:
- Disposable income - very high right now
- Population increase - many areas are experiencing large population growth
- Interest rates - still low
- Innovative mortgage products - not the same as 2008 but still lots of flexibility
- Access to credit - credit markets are wide open
- Mortgage backed securities - we are in the golden age of capital with huge demand
- Housing service providers - there are huge personal incentives to push transactions
- Financial literacy - this will always cause irrational decisions
On a different note, I recommend talking about things that matter with people who care. Consider how hard it is to change yourself and you will understand what little chance you have in changing others. I learned that one the hard way.
Accountants always make the simple sound complicated ;) Demand drives prices. Economics 101.
All of these factors influence demand.
Post: Financing Investment Deals - Important Read

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Bivi V.:
@Roberta Holland - Florida
Can you give any pointers about properly-structured, asset-based life insurance policy with living benefits ?
If the living benefits are important to you, you should consider using a Guaranteed Universal Life or Whole Life, not an over-funded policy. The living benefits are an accelerated death benefit... i.e. you receiving your death benefit early. In high cash value policies, the death benefit is held to the absolute minimum. The cash value of a policy is literally you saving up your own death benefit over your lifetime. The insurance company is responsible for the difference. The death benefit includes the cash value that you've already saved up, plus the extra risk covered by the insurance company.
In an over-funded policy, the cash value is very close to the death benefit. By utilizing the living benefits riders, you are ruining your "personal bank". Your cash value would be tapped to pay the benefit.
The cash value of the policy can be accessed for any reason... retirement income, to purchase real estate, etc. You can also use it to pay for medical care, so it's really not necessary to have the additional rider. In a Guaranteed UL, the cash value is no more than the absolute minimum necessary. On this chassis, there will be much more bang for the buck if you value the living benefits.
Post: Monetized Installment Plans?

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Joseph Reyes:
Anyone know a lawyer who can attest to the legality of the 453 transactions and can provide an opinion letter on the strategy?
Yes.
Post: Best account for down payment saving

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Zachary Paschke:
Life insurance is good. I’ve got Indexed Universal Life policies that mimic growth in the S&P500. When you take the money out it’s a loan with the insurance company so your money can continue to grow. People often do that with participating Whole Life to keep the dividend. The IRS does limit how much you can put in while keeping the tax free status of the growth (the percentage of the account that can be overfunded), but that doesn’t mean you can’t start a sizable account.
Borrowing your money from the life insurance company is way easier than trying to access money from a retirement account. You do pay interest, but it’s rarely significant considering the continued growth.
* I may be biased. I’m a life insurance agent.
It is important to understand that a policy loan is a loan from an 3d party bank or from the insurance company itself that is secured by the cash value of the policy, much like a house secures a mortgage loan. You do not take your actual cash value from the policy and then pay yourself back. Your cash value remains in the policy and continues to earn dividends/interest crediting because it never left the policy.
To say that the interest is rarely significant is also misleading. Rates from a bank will be at or near Prime because the collateral is so secure. The insurance companies usually peg their policy loan interest rates to the Moody's Corporate Bond Index. Now, to the extent that the growth on the cash value exceeds the interest rate on the loan, you could state that the net interest rate is low or even negative, but that is not the proper way to look at it. The loan interest rate is your cost of money. Period.
Post: Best account for down payment saving

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Andy Murray:
Thank you everybody! Thank you for all the replies.
Life insurance policies - that's interesting. I will have to look for more information on that.
All of the pros and cons of using the cash value of an over-funded life insurance policy for real estate investing are discussed in excruciating detail on this thread...
Don't let your first impressions and the haters dissuade you. They are thinking of your typical, minimally-funded, maximum commission whole life. An over-funded policy is a completely different animal. Low fees and commissions.
Post: Tax Strategy for College

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Mark Welp:
@Caleb Heimsoth
Everybody has their own opinion, but 529 Plans really are not great products; they are a jail for your money and all you get is a lousy state tax deduction. The gov’t will punish you if your child gets a full ride and you don’t end up using it for education. There are a lot better ways to fund college in a tax favored environment than 529s.
I can share more if need be. Thx!
Agreed. Fund an IRA instead. Educational expenses are a qualified withdrawal. If you kids don't want to go to school, it has no impact on your savings. The other alternative would be an over-funded permanent life insurance policy. Minimize the death benefit so you get the maximum benefit of the cash accumulation. The cash value can be accessed tax-free and will earn a good, principal-protected return. If something happens to you, your kids have the money they need.
Post: Deferred Sales Trust into a future 1031 exchange

- Financial Advisor
- Boynton Beach, FL
- Posts 819
- Votes 791
Originally posted by @Amit M.:
^ yes, but I’ll get a lot more for each property by selling it individually to a homeowner.
Someone else mentioned Monetized Installment Sale, which sounds like a similar process.
My main goal would be to be able to sell off each condo on its own, over the course of 1-2 years, and have all those sales proceeds 1- not be taxed and 2- to be 1031 exchanged into 1 or 2 large NNN properties (so the taxes are deferred.) I just want to know if that is possible with any of these deferred sales vehicles, and if it would fly with the IRS.
The proceeds of the monetization loan can be used for any investment purpose. You'll reduce the tax cost on the properties you sell and you can invest the cash directly in the NNN properties.
Post: How does a Deferred Sales Trust work?

- Financial Advisor
- Boynton Beach, FL
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Seller sells to an irrevocable trust on a 30-year installment sales contract. Trust sells to buyer for cash. Trust invests the cash to make the payments on the installment sale to the seller. In 30 years the balloon payment is due to the seller and that's when the taxes are due.
Coupling a monetization loan to an installment sale accomplishes the same thing but puts cash in the sellers hands that can be re-invested. I think THIS can be better than a 1031 exchange because the seller will start off with a fresh depreciation schedule in the new property. That immediate tax savings in the new property is better than the infinite tax deferral of the 1031 exchange.