Keyman insurance (or key person insurance) is an insurance policy taken out by businesses to protect you against the financial loss that may arise in the event a key person dies or becomes critically ill.
Your business purchases the policy on the life of the key person, pays the premiums and is the named beneficiary. If the key person dies or becomes critically ill, your business will receive a lump sum which can be used to recruit and train a replacement, offset a loss in profit, manage any detriment in supplier credit terms and/or repay any liabilities to the bank.
Your business decides. There are no rules on this other than being able to justify the amount of insurance cover. If you believe that the death of an employee would result in a financial loss to your business sufficient to warrant insurance, then that employee is a key person. Typically, the list of potential key people includes: the business owner, directors, employees with specialist skills or knowledge, high performing salespeople, operations executives or simply someone who plays a fundamental role in the success of your business.
This aspect is relatively complex and we know from experience that it’s not widely understood. The HMRC guidance regarding key person policies states:
then generally, the premiums will be tax deductible.
If the premiums are tax deductible, the proceeds will be taxed as income of the business.
Conversely, if the policy does not meet these tests, the premiums will not be tax deductible and the proceeds may be tax free. However, HMRC cannot give future assurances that the proceeds will be tax free just because the premium is not allowable against tax.
It’s therefore very important to take advice in this area and to review any existing cover that you may already have in place, to ensure the structure you have has the potential to provide tax free proceeds.
The amount of cover required will depend on an assessment of the financial loss that your business would suffer in the event of the death of the key person. This may be determined, for example, by considering how much profit the key employee creates and the costs of recruiting a suitable replacement. Our Financial Planning experts can advise on the level of cover that is right for your business.
If the profitability and ongoing success of your business is dependent, in part, on one or more key employees, then we would recommend taking professional advice, as it’s common for key person policies to be structured incorrectly. Fill out the form below and one of our experts will be in touch to discuss your requirements and how we can help.