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Whose Risk Is It Anyway? New Revenue Ruling Provides Guidance for Employee Benefits Captives
Sutherland Asbill & Brennan LLP Link to more items from this source
[Guidance Overview]
May 15, 2014
"[T]he IRS confirmed the continuing vitality of Rev. Rul. 92-93, in which it concluded that the parent corporation's employees should not be viewed as parties that are related to the captive and, correspondingly, that the risks of those employees should be treated as unrelated-party risks for purposes of the insurance analysis. Rev. Rul. 2014-15 does not speak to, and otherwise does not cover, the use of a captive to insure medical stop-loss coverage for its parent corporation's self-funded health benefits, although this topic clearly is ripe for guidance. Interest in the use of captives to insure employers' medical stop-loss coverage has surged following the advent of the [ACA] and its elimination of the lifetime and annual caps that employers historically were allowed to impose on self-funded health benefits."

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