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 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.
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.
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.
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.
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.
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.
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.
Against a backdrop of significant cybersecurity breaches, rated captives have been seriously considering writing cyber risk, explains Fred Eslami, associate director at AM Best.
A fully digital captive might allow corporates to see the benefits that today only new retail players such as insurtech Lemonade can offer, according to Alan Cabello, general manager of Adjoint Switzerland, who lays out the building blocks of a successful digital captive.