A friend/client and I were recently discussing his 401(k)-PSP, and like many clients I meet, he could hardly explain to me what he had or why he had it.
From what I could discern, he has a $1MM WL policy owned by his profit
sharing plan but the beneficiaries are designated as his family members (not the PSP). The annual premium on the policy is $20K. The 401(k) only has about $40K in investable funds in the plan other than the insurance cash value (which is only $8K). The guy is a self employed lawyer that makes about 400K AGI.
I have read from a couple of sources that only 25% of the plans assets can go towards a life insurance premium. Is this accurate and if so, could someone please point me towards the IRS code? I didn't find anything in publication 560. Also, because the premiums are paid pre-tax, does this affect the tax status of the death benefit payout to his family?
I am new to the insurance business and have not encountered this situation before. If my friend has a genuine problem I need to be able to refer him to a local CPA and/or CFP. However, I do not want to unneccesarily(sp?) alarm him.
Thanks in advance