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Pilot v Commissioner: key questions raised and left unanswered
Accounting & tax analysis
Just 10 days before the scheduled trial in the US Tax Court, the taxpayers conceded the remaining issues in Pilot Series of Fortress Insurance et al v Commissioner. The pretrial pleadings highlighted many of the key questions that remain open in litigation over the tax treatment of captive insurance transactions. Those questions—and the parties’ efforts to answer them—provide a roadmap of what to expect as additional cases move toward trial. Jenny Johnson Ware, founding partner of tax litigation boutique Johnson Moore, analyses those key questions and what we can learn from them—despite the fact that the Tax Court will not be providing any answers.   7 June 2019
Analysis
Roundstone, a US provider of self-funded group captive health insurance, recently distributed over $5m to US business owners currently enrolled in one of its group medical captives.   7 June 2019
Accounting & tax analysis
The Internal Revenue Service (IRS) had planned to use tape recordings of an undercover agent looking to form an 831(b) captive with Tribeca Strategic Advisors - now part of Artex Risk Solutions - in order to support its argument that a captive in a recent lawsuit lacked economic substance.   3 June 2019
Analysis
The North Carolina Captive Insurance Association has named three new members to its board of directors.   3 June 2019
Accounting & tax analysis
The failure of a captive can often be traced to a breakdown in quality corporate governance. Ben Whitehouse, senior counsel at Butler Snow, outlines the important attributes of good captive governance.   31 May 2019
Analysis
Captive manager Atlas Insurance Management has appointed Spencer Caldwell, former captive financial analyst for the North Carolina Department of Insurance, as an account manager.   29 May 2019
Analysis
Ratings agency AM Best has affirmed the financial strength rating of A- (Excellent) of National Guaranty Insurance Company of Vermont (NGIC), a captive insurance company owned by Waste Management.   29 May 2019
Analysis
The number of captives managed by Marsh actively underwriting one or more insurance programmes that access the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) increased 10 percent to 182 in 2018.   23 May 2019
Analysis
The first Connecticut home with a crumbling foundation due to pyrrhotite has been repaired, thanks to funding from a captive insurance company set up by the Connecticut General Assembly in 2017.   20 May 2019
Accounting & tax analysis
Could high-profile settlements with the State of Washington lead to more captive domiciles following a similar path? Or will they adopt a more pro-business stance, like North Carolina? Pete Kranz, executive managing director and captive practice leader of Beecher Carlson, provides some key considerations on where to domicile a captive.   15 May 2019

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