If you run a company in the Baltimore–Washington corridor, losing a key person can mean recruiting costs, disrupted client relationships, and months of rebuilding. A raise is one tool; a benefit the employee personally owns is another. A Section 162 executive bonus arrangement uses compensation to help fund an employee-owned life insurance policy. The bonus may be deductible to the business, subject to tax rules, and is generally taxable to the employee. It can support retention, but a basic arrangement does not make the employee give up the policy when they leave. This page covers the mechanics, restricted versions, and the trade-offs to understand before funding one.
Tax law and agreement terms can change. Check the current details before you act.
Section 162 allows deductions for qualifying business expenses, including reasonable compensation for services actually performed. An executive bonus arrangement applies that rule to compensation used for an employee-owned life insurance policy. It is not a separate IRS-approved retirement account. Employers can often select participants and bonus amounts without using qualified-plan contribution formulas, but payroll, employment law, insurance rules, and potentially benefits-law requirements still need review. Put the arrangement in writing and have your tax and legal advisers confirm its treatment — especially if restrictions, owner-employees, or deferred rights are involved.
The bonus is generally taxable compensation to the employee, with applicable reporting, withholding, and payroll taxes. A business deduction depends on reasonable compensation, services performed, deduction timing, and other applicable tax rules.
The business may pay the carrier on the employee’s behalf or pay compensation the employee uses for premiums. Ownership, beneficiary rights, and any restrictions should be documented before funding; underwriting and policy approval still apply.
The employee owns the policy and generally names its beneficiary. Available cash value depends on premiums, policy costs, and performance. Loans carry interest and reduce available value and death benefits; written restrictions may limit access. Leaving the company does not automatically end ownership.
A single bonus can leave the employee paying tax on compensation used for a premium. A double bonus, or gross-up, adds compensation intended to help cover that tax. The extra bonus is taxable too, so payroll needs to calculate the whole amount. The result depends on the employee’s actual tax position, not just a headline bracket.
Assume a Columbia firm wants to fund a $15,000 premium. Using only a flat 24% income-tax assumption, the gross-up is $15,000 ÷ (1 − 0.24), or about $19,736.84. Assumed income tax is about $4,736.84, leaving about $15,000. That is rounded arithmetic, not a complete paycheck calculation: state and local taxes, employee payroll taxes, withholding, and the employee’s other income can change the amount. Employer payroll taxes can add business cost. The bonus may qualify as deductible compensation, subject to the applicable rules.
Illustrative figures at the stated bracket only. Actual gross-ups are calculated on the employee's full tax picture by the company's CPA.
A basic arrangement gives the employee ownership without automatically tying that ownership to future service. A restrictive arrangement may use an insurer-approved endorsement to limit loans, surrender, or other policy changes until a written release condition is met. The employee can still own the policy; restricted access is not the same as forfeiting value to the employer. What happens at resignation, termination, disability, or death depends on the actual documents and law. Any repayment or forfeiture feature needs separate legal and tax review. Have both sides understand the terms before the first premium, including who funds coverage if the employer stops.
This may be worth exploring for Maryland business owners — including professional firms, contractors, and medical or dental practices — who want to compare a selective benefit for key people and can support its ongoing cost. There is no universal employee-count requirement. Compare cash bonuses, workplace retirement benefits, and other retention tools alongside a cash value policy. The owner should weigh cost and any available deduction; the employee should weigh coverage, policy expenses, premium commitments, and access limits. Our homepage connects the broader strategy discussion.
A bonus may qualify as deductible compensation when the applicable business-expense and reasonable-compensation rules are met. It is not automatically deductible just because the employee uses it for life insurance. Timing, the employer’s tax method, ownership or beneficiary interests, related-party rules, and other limits can affect the result. Have the business’s CPA review the actual arrangement before treating the deduction as part of the budget.
Often, an employer can choose one or two participants and different bonus amounts. But being outside a qualified retirement plan does not erase employment, benefits, or tax rules. Have counsel review the selection criteria, restrictions, and any deferred features; do not assume every executive bonus arrangement is exempt from ERISA or other requirements.
In a basic employee-owned arrangement, the policy generally stays with the executive and future employer bonuses may stop, subject to the agreement. The employee may need to pay premiums to keep coverage in force. If there is a restrictive endorsement, check its release and termination terms — quitting does not automatically mean cash value goes back to the company. Any repayment obligation or forfeiture provision needs separate legal and tax review.
Split-dollar allocates policy rights, benefits, or funding obligations between parties under an agreement. Depending on the structure, the employer may have a repayment or recovery interest, with different tax and reporting rules. A basic bonus arrangement instead pays compensation for an employee-owned policy, generally without employer cost recovery. Neither label settles the details. Compare ownership, beneficiary rights, repayment, tax timing, and administration with your tax and legal advisers.
Serving Columbia, Howard County, and Maryland statewide. Columbia Wealth Protection provides education about these strategies. Insurance recommendations and placement require appropriately licensed professionals; your own advisers should handle personalized tax and legal questions.
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