Frequently Asked Questions

What is a Collateral Assignment Split Dollar (CASD) plan and how does it relate to
MaxCap?

MaxCap is Baycrest Consultants proprietary compensation strategy that leverages a Collateral Assignment Split Dollar (CASD) arrangement to provide long-term, tax-advantaged supplemental benefits to nonprofit executives. In this structure, the nonprofit funds premiums on a life insurance policy owned by the executive (or an irrevocable trust), and the nonprofit’s interest is secured via a collateral assignment. Upon exit or retirement, the policy’s cash value and death benefit create significant wealth, while the organization recoups its contributions.

What is MaxCap? How did you come up with that name?

MaxCap is a proprietary compensation program that leverages life insurance arrangements to provide tax-advantaged supplemental benefits. The name reflects its purpose of maximizing compensation and benefits for participants.

How is the MaxCap plan structured legally and financially?
  • Policy Ownership: The executive or their trust owns the policy.
  • Premium Payments: The nonprofit funds the premiums through a series of loans (typically for 5–7 years).
  • Collateral Assignment: The nonprofit is repaid from the policy’s cash value or death benefit per the terms of a collateral assignment agreement.
  • Loan Terms: Interest is charged at the Applicable Federal Rate (AFR), which is typically low and fixed for the term.
How is MaxCap different from an endorsement split dollar plan?
  • Ownership: In MaxCap (CASD), the executive owns the policy. In endorsement plans, the nonprofit owns it and endorses a portion.
  • Control: MaxCap gives the executive control and portability.
  • Tax treatment: CASD is more favorable for executives, who are taxed only on the imputed interest—not the full value of the benefit.
  • Suitability: MaxCap is more attractive for long-term executive benefit planning.
What are the main benefits of using MaxCap over other plans?
  • No cost to the executive.
  • Non-taxable loan structure vs. taxable bonuses or deferred comp.
  • Full recovery of funds by the nonprofit, making it a sustainable solution.
  • Enhanced retention tool for key executives.
  • Tax-free retirement income from policy loans/distributions.
  • Tax-free retirement income from policy loans/distributions.
Why a 5-year commitment, what is the benefit?

A 5-year commitment is required to optimize the growth potential of the investment and ensure that it becomes effective in generating significant benefits over time.

Do I have to put the same amount in each year?

No, you do not have to put the same amount in each year. The plan typically allows for
flexible contributions based on individual circumstances.

Can an employee only pull out 60%? Or can it be less or more?

The policy typically allows for a withdrawal of up to 60% of the cash value, although adjustments based on individual contract specifics may be possible.

If I quit or get fired, what happens?

If you quit or are terminated, you will still be responsible for any remaining premium payments and loan repayments. The specifics of your situation may affect the continuity of the policy.

What happens if the employee leaves before 5 years?

If an employee leaves before the 5-year commitment, they may still have responsibilities related to premium payments, and the tax consequences of any loan forgiveness would apply.

Can the employee transport this plan if they change jobs?

Yes, the plan is generally portable. The employee can retain the policy by repaying any associated loans, and negotiations can be made regarding collateral assignments with the new employer.

What if the company does not want to continue this after 3 years?

If the company decides to discontinue the program after 3 years, specific terms regarding policy continuation or contribution adjustments can be discussed to ensure the best outcome for employees and the organization.

If I do not pull any money out, how do I get it later?

The investment within the insurance policy grows over time, and you can access the accumulated cash value during the established distribution phase without any withdrawals until that point.

Is this a life insurance policy, and if so, what type?

Yes, the MaxCap program utilizes a life insurance policy, typically an Indexed Universal Life (IUL) or a similar type of policy to ensure effective cash growth and benefits.

Does MaxCap have to use life insurance?
  • Technically, not it does not. However, there are several reasons why life insurance is utilized.
  • The death benefit is the best way to repay the loan to the institution.
  • The tax advantages life insurance provides makes it the most effective financial vehicle for
    this program.
  • The money inside the plan grows tax-deferred. The money utilized out of the plan can be taken tax-free. The death benefit goes back to both the health system and the beneficiary of the life insurance policy tax-free.
  • Money inside the plan is creditor protected in most states. There contribution limits and distribution plans have greater flexibility utilizing life insurance vs. other financial vehicles.
Who owns the insurance policy?

The employee owns the insurance policy while the employer holds a collateral assignment on it until any outstanding loans are repaid.

Who is the insurance company?

The specific insurance company may vary based on the chosen policy. Baycrest Consultants works with reputable carriers, but specifics would be provided during enrollment.

Where is Acumen located, and how long have they been in business?

Acumen is in Boston, MA and has been in business for 15 years. This information can be confirmed directly through their website or corporate documents.

Does the investment in the insurance grow?

Yes, the investment within the life insurance policy grows, typically on a tax-deferred basis, enhancing its cash value and potential payout.

What is the forecasted interest rate?
  • The forecasted interest rate is based on the Applicable Federal Rate (AFR), set by the IRS and typically low and fixed for the duration of the loan.
  • The AFR, published monthly by the IRS, sets the minimum interest rate that must becharged on the loan to avoid gift or income tax consequences. MaxCap locks in the AFRat the time the loan is made—usually a long-term AFR, which is often less than 5%. This ensures minimal annual imputed income for the executive.
How does the employer get paid back and by whom?

The employer is repaid through the policy's cash value upon the employee's departure or from the death benefit, as determined in the terms of the collateral assignment agreement.

Can the employer get access to the loaned money earlier than 15 years?

Generally, the employer cannot access the loaned funds before the stipulated 15 years unless alternative arrangements are made.

How does the IRS view split dollar plans like MaxCap?

MaxCap complies with IRS Final Split-Dollar Regulations (Treas. Reg. §1.61-22), treating the arrangement as a loan regime. When structured properly, with market-rate interest and proper documentation, the plan is fully compliant and defensible under scrutiny, particularly with nonprofit-specific rules around reasonable compensation.

What are the tax implications for the nonprofit and the executive?
  • Executive: The executive is taxed annually on the imputed interest (the benefit received from the loan being interest-free or below-market), not on the full premium amount. this is typically a small amount.
  • Non-profit: The nonprofit records the loan as an asset and recoups its full investment (with interest), maintaining compliance with IRS rules governing nonprofit compensation and private inurement.
Can the employer get access to the loaned money earlier than 15 years?

Generally, the employer cannot access the loaned funds before the stipulated 15 years unless alternative arrangements are made.

How does the IRS view this?

The IRS treats the MaxCap program as compliant with specific regulations regarding split-dollar arrangements, provided it is properly structured and documented.

How does the MaxCap plan terminate of unwind?
  • The executive, doctor or coach retires, separates, or passes way.
  • At that point, the nonprofit is repaid its premiums (plus accrued AFR interest), and the remaining policy values go to the executive or their beneficiaries.
  • The collateral assignment is then released, and the policy remains in force if desired.
Why hasn't anyone else in the hospitality, athletic or healthcare business tried this?
  • The uniqueness of the MaxCap program may stem from a combination of factors, such as complexity and the need for strategic guidance, which has limited its adoption in these sectors.