Facets of life and annuity insurance coverage, asset protection

In the Netherlands, capital-accruing life and annuity policies are widely established instruments for building retirement capital and preserving assets. Moreover, privately placed insurance contracts offer wealthy families the opportunity to influence capital preservation and the long-term development of the family’s assets by specifying and/or amending the contract’s underlying investment strategy. The value-preservation principles to be observed in conjunction with insurance contracts are asset diversification across several asset classes (such as stocks, fixed-income paper or commodities) the avoidance of solvency risks involving banks or financial product issuers, and the coverage of additional biological risks such as mortality or longevity risks.

Suitably formulated contractual provisions with various insurance companies in different jurisdictions can also offer a high level of protection against third-party access in seizure and bankruptcy proceedings before Dutch courts (for instance with respect to entrepreneurial liability risks or directors’ and officers’ liability claims).

Attractive fiscal aspects of insurance contracts

In the Netherlands, surrenderable life and annuity insurance contracts are subject to periodic income tax pursuant to “Box 3”, so death and survival benefits are generally income tax-exempt. In many cases, skillful contract design can result in interesting income, bestowal or inheritance tax effects even for the assets of very wealthy families.

Together with the client’s tax and legal advisors in the Netherlands and elsewhere, swisspartners will develop suitable concepts.

Wealth transfer outside the estate

Benefit entitlements from insurance contracts are not in the estate of the testator if the contracts are suitably designed. Combined with adequate long-term planning, this approach also allows the implementation of successorship scenarios provided for outside the legal succession sequence that are largely exempt from legitime, or forced share, legislation. Contrary to a bank, for instance, an insurance company can pay out benefits even if no certificate of inheritance is submitted. Thus, the immediate legal competence of the successor after the decease of the asset owner is assured.

Under a successorship, benefits from insurance contracts are subject to inheritance tax in the Netherlands, but the representatives of the next generation are entitled to receive them free of all income tax. For this reason, insurance contracts are ideal for wealth preservation across generations.

Tax privileges on relocation or for family members abroad

Privately placed insurance contracts are designed under consideration of the contract legislation and fiscal constraints of those tax jurisdictions in which the respective family members are domiciled. Properly designed contracts are fiscally privileged not only in the Netherlands but also in several other countries. A key aspect in the design of privately placed insurance contracts lies in reducing the overall fiscal burden of the tied-up assets in the event of planned relocations of the asset owner to a foreign country or if the beneficiaries are domiciled in various jurisdictions.