Applied Filters
Pilot v Commissioner: key questions raised and left unanswered
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.
The path to good corporate governance
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.
Domiciles: business friendly or tax focused? How to prepare your captive
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.
A&H solutions for optimising captive risk assumption
As the lines between P&C and A&H coverages continue to blur, captives are gaining increased crossover relevance and are being used in more innovative ways. Phillip Giles, vice president, sales & marketing, accident & health, at QBE North America, has the details.
Lloyd’s Lab: shaping the future for complex, hard-to-place risks
On May 6 the second cohort of Lloyd’s Lab kicked off in the venerable Lloyd’s building on Lime Street—the heart of the London Market. Marcus Schmalbach, CEO and founder of Ryskex, provides a glimpse behind the scenes from the eyes of a participant.
Not automating? Your captives may be facing a slew of new challenges
Technology, more specifically automation, will keep your captives relevant in these uncertain times, says Rachel Lyubovitzy, CEO of software company EverythingBenefits.
Risk pools: guesswork not allowed
The outcome of Syzygy v Commissioner marks another IRS victory against 831(b) captives. What went wrong this time? Matthew Queen, general counsel & chief compliance officer, Venture Captive Management, has the details.
BEPS and substance requirements: Hugh’s views
Guernsey has satisfied the much-debated OECD BEPS substance requirements for captives operating there. Industry veteran and retired principal of Towers Watson, Hugh Rosenbaum, shares his views.
Economic substance and Bermuda’s insurance industry
Bermuda’s insurers—and, by extension, captive insurers—have until July 1 to satisfy the government’s new economic substance requirements, which have a considerably broad scope. Janine Carey, associate at Appleby, has the details.
Single-parent captives take growing role in owners’ cyber risk management
Against a backdrop of significant cybersecurity breaches, rated captives have been seriously considering writing cyber risk, explains Fred Eslami, associate director at AM Best.
