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Asset Protection Plan
Deferred Compensation
Plan
Problem: A 41-year old doctor who operates in a P.A. has
accounts receivable of $300,000 that are exposed to any
and all third party creditor claims. Also, the doctor
has a retirement plan that will not produce the desired
level of income during his retirement years.
Plan: The doctor adopts the “Deferred
Compensation/Supplemental Retirement Plan.”
Benefits: By implementing “The Plan”, the doctor protects the
receivables from any third party creditor. In
addition, the doctor will create a TAX FREE
stream of revenue in the amount of $150,000 per year for
the retirement years.
Case Study
The doctor enters into a “deferred
compensation agreement” in an amount that is equal to
the uncollected accounts receivable. Assuming $300,000
of collectable A/R, the P.A. borrows $300,000 from a
bank. The accounts receivable are then assigned to the
bank as collateral for the loan. Since the A/R is used
to collateralize the loan, it now is protected from any
potential creditor claims.
The P.A. continues to collect the accounts
receivable and use the monies for office operations
(including salaries) just the same as prior to entering
the loan transaction. However, loan payments made to
the bank consist only of interest, which is fully
deductible by the P.A., until the doctor reaches
retirement.
The $300,000 loan proceeds are then placed
into an investment contract comprised of an annuity and
life insurance. This annuity funds the payments for the
life insurance contract. The life insurance policy is a
variable annuity life policy, which is a mutual fund
wrapped in an insurance policy.
Performance of the insurance policy cannot
be guaranteed. However, a 7.4% yield is assumed for
illustration purposes. Using this yield assumption, at
age 65 the doctor will have accumulated a $1.4 million
cash surrender value. In addition, the life insurance
death benefits are projected as follows:
Age
41 $1.2 Million
Age
65 $1.5 Million
Age
80 $265 K
Upon retirement, the doctor has six months
to collect the accounts receivable and repay the
$300,000 loan. Upon repayment of the loan, the bank
releases the life insurance policy as collateral and it
is now fully available to the doctor. The cash value of
the policy ($1.2 Million) can then be distributed to the
doctor TAX FREE at $96K per year until age 80.
This creates a substantial retirement
supplement plan that protects a doctor’s practice assets
while also providing a significant tax benefit!
Problem: Underutilized accounts receivable which are
vulnerable to lawsuit now – retirement shortfall
(reduced income at retirement) later.
Plan: Supplemental Benefit Program – Through unique
major bank financing, accounts receivable as collateral
are at once protected from creditors and converted to a
retirement asset that will be worth many times the
actual accounts receivable. The retirement income will
be tax-free.
Prospect: Doctors and other professionals who have substantial
but collectable accounts receivable.
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