White Paper

Navigating the Changing Landscape of 831(b) Micro-Captives: How Recent Regulations are Reshaping Risk Strategies

As IRS scrutiny intensifies and new reporting requirements emerge, orgs utilizing micro-captive insurance companies face critical decisions about risk management approaches.

White Paper Summary

The origins of the 831(b) election reveal much about both its intended purpose and the subsequent scrutiny it has faced. Created as part of the 1986 tax reform act under President Reagan, the provision wasn’t originally designed for captive insurance companies at all.

“The original legislative intent was for small, farm mutual insurance companies,” said Rob Walling, FCAS, MAAA, CERA, Principal and Consulting Actuary at Pinnacle Actuarial Resources. “Farmers and others in rural areas were having trouble getting insurance coverage as there simply wasn’t a market in the traditional insurance sector.”

These small mutual insurers, often operating at the county level, struggled to acquire sufficient capital to pay claims when disasters struck. The 831(b) election was designed to allow these entities to build up retained earnings on a tax-deferred basis, ensuring they could remain solvent when facing severe weather events like tornadoes or hail.

The captive insurance industry, always seeking innovative solutions to risk financing challenges, recognized that 831(b) could benefit captives meeting the requirements of the Code. The fundamental concept remained consistent: building up retained earnings on a tax-deferred basis to prepare for severe claims, whether from supply chain disruptions or myriad other difficult to manage risks.

 

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A full-service actuarial firm, Pinnacle provides your business with data-driven research backed by clear communication. Our expert Consultants work with you to look beyond today’s numbers in planning for tomorrow.

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