What is an executive bonus plan?
An executive bonus plan is a selective compensation strategy, often structured under IRC Section 162, where a business pays a bonus to a key employee. The employee typically uses that bonus to fund an employee-owned permanent life insurance policy. Depending on the facts, the bonus may be deductible as compensation, and the executive owns the policy and controls beneficiaries. Deductibility under §162 depends on the bonus being reasonable, ordinary, and necessary compensation, and on the business's specific facts. Tax treatment depends on individual facts and must be confirmed by your own CPA. Educational only; not tax advice.
Who pays the premiums on the executive bonus plan?
In a typical executive bonus plan, the business pays the bonus, and the executive uses it to pay premiums on an employee-owned life insurance policy. The premium amount is generally treated as taxable compensation to the employee. Some employers use a double bonus, or gross-up, to provide additional compensation intended to help offset the employee's tax liability. Your CPA can confirm the specific tax treatment for your situation.
How do executive bonuses work?
Executive bonuses generally work by allowing a business to provide extra compensation to selected key employees. That compensation may fund a permanent life insurance policy owned by the executive. The employee receives life insurance protection and potential cash value accumulation, while the company may create a compensation expense that could be deductible, depending on the facts, along with a targeted retention benefit without qualified plan contribution limits. Deductibility under §162 depends on the bonus being reasonable, ordinary, and necessary compensation, and on the business's specific facts. Tax treatment depends on individual facts and must be confirmed by your own CPA. Educational only; not tax advice.
Which employees are good candidates for an executive bonus plan?
Executive bonus plans are commonly used for owners, senior leaders, sales producers, technical specialists, and other employees whose contribution is important to business performance. They may be useful for closely held businesses that want a selective benefit for top talent without offering the same arrangement to every employee under qualified retirement plan rules.
Are executive bonus plans suitable for small businesses?
An executive bonus plan may be appropriate for small businesses when the goal is to retain or reward specific employees. Unlike qualified retirement plans, Section 162 arrangements generally do not require broad employee participation or nondiscrimination testing. The business should still coordinate with its own CPA and attorney to confirm deductibility, documentation, and compensation reasonableness. Deductibility may be available, depending on the facts — your CPA can confirm. Educational only; not tax or legal advice.
What is a restricted executive bonus arrangement?
A restricted executive bonus arrangement, or REBA, adds restrictions to the employee-owned policy. These restrictions may limit access to cash value, loans, surrender rights, or beneficiary changes until employment milestones are met. This structure may make the plan more retention-focused because the executive gains fuller policy control over time. Your attorney can advise on drafting and enforceability considerations.
Can an IUL be used in an executive bonus plan?
An IUL-funded executive bonus plan uses an Indexed Universal Life policy as the funding vehicle. The policy can provide permanent life insurance protection and potential cash value growth tied to a market index, subject to caps, floors, and participation rates. The structure may appeal to executives seeking long-term protection and potential supplemental cash value accumulation. Suitability depends on your circumstances.
What funding options are available for executive bonus plans?
Common funding methods may include a single bonus, double bonus, and certain S-Corporation profit-loss approaches where appropriate. A single bonus generally leaves the employee responsible for taxes. A double bonus provides extra compensation intended to help offset tax impact. The best method depends on business structure, cash flow, ownership, and tax treatment, and should be reviewed with your own CPA. Bonuses may be deductible, depending on the facts — your CPA can confirm. Educational only; not tax advice.