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- Insurance Annuities
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- Swiss annuities minimize the risk posed by U. S.
- annuities. They are heavily regulated, unlike in the
- U.S., to avoid any potential funding problem. They
- denominate accounts in the strong Swiss franc, compared
- to the weakening dollar. And the annuity payout is
- guaranteed.
- Swiss annuities are exempt from the 35%
- withholding tax imposed by Switzerland on bank account
- interest received by foreigners. Annuities do not have
- to be reported to Swiss or U.S. tax authorities. They
- are not a foreign financial account for the purpose of
- U.S. reporting requirements.
- A U.S. purchaser of an annuity is required to pay
- a 1% U.S. federal excise tax on the purchase of any
- policy from a foreign company. This is much like the
- sales tax rule that says that if a person shops in a
- different state, with a lower sales tax than their home
- state, when they get home they are required to mail a
- check to their home state's sales tax department for
- the difference in sales tax rates.
- The federal excise tax form (IRS Form 720) does
- not ask for details of the policy bought or who it was
- bought from -- it merely asks for a calculation of 1%
- tax of any foreign policies purchased. This is a one
- time tax at the time of purchase; it is not an ongoing
- tax. It is the responsibility of the U. S. taxpayer,
- to report the Swiss annuity or other foreign insurance
- policy. Swiss insurance companies do not report
- anything to any government agency, Swiss or American --
- not the initial purchase of the policy, nor the
- payments into it, nor interest and dividends earned.
- Earnings on annuities during the deferral period
- are not taxable in the U.S. until income is paid, or
- when they are liquidated, following exactly the same
- tax rules as for annuities issued by U.S. insurance
- companies.
- Swiss annuities can be placed in a U. S. tax-
- sheltered pension plans, such as IRA, Keogh, or
- corporate plans, or such a plan can be rolled over into
- a Swiss-annuity. (To put a Swiss annuity in a U.S.
- pension plan, all that is required is a U.S. trustee,
- such as a bank or other institution, and that the
- annuity contract be held in the U.S. by that trustee.
- Many banks offer "self-directed" pension plans for a
- very small annual administration fee, and these plans
- can easily be used for this purpose.)
- Investment in Swiss annuities is on a "no load"
- basis, front-end or back-end. The investments can be
- canceled at any time, without a loss of principal, and
- with all principal, interest and dividends payable if
- canceled after one year. (If canceled in the first
- year, there is a small penalty of about 500 Swiss
- francs, plus loss of interest.)
- A new Swiss annuity product (first offered in
- 1991), SWISS PLUS, brings together the benefits of
- Swiss bank accounts and Swiss deferred annuities,
- without the drawbacks -- presenting the best Swiss
- investment advantages for American investors.
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- SWISS PLUS, is a convertible annuity account,
- offered only by Elvia Life of Geneva. Elvia Life is a
- $2 billion strong company, serving 220,000 clients, of
- which 57% are living in Switzerland and 43% abroad.
- The account can be denominated in the Swiss franc, the
- U.S. dollar, the German mark, or the ECU, and the
- investor can switch at any time from one to another.
- Or an investor can diversify the account by investing
- in more than one currency, and still change the
- currency at any time during the accumulation period --
- up until beginning to receive income or withdrawing the
- capital.
- If you are not familiar with the ECU, it is the
- European Currency Unit, a new currency created in 1979.
- It is composed of a currency basket of 11 European
- currencies, and its value is calculated daily by the
- european Commission according to the changes in value
- of the underlying currencies. The ECU is composed of a
- weighted mean of all member currencies of the European
- Monetary System. Since the ECU changes its balance to
- reflect changes in exchange rates and interest rates
- between these currencies, the ECU tends to limit
- exchange rate risk and interest rate risks.
- Although called an annuity, SWISS PLUS acts more
- like a savings account than a deferred annuity. But it
- is operated under an insurance company's umbrella, so
- that it conforms to the IRS' definition of an annuity,
- and as such, compounds tax-free until it is liquidated
- or converted into an income annuity later on.
- SWISS PLUS accounts earn approximately the same
- return as long-term government bonds in the same
- currency the account is denominated in (European
- Community bonds in the case of the ECU), less a half-
- percent management fee.
- Interest and dividend income are guaranteed by a
- Swiss insurance company. Swiss government regulations
- protect investors against either under-performance or
- overcharging.
- SWISS PLUS offers instant liquidity, a rarity in
- annuities. All capital, plus all accumulated interest
- and dividends, can be freely accessible after the first
- year. During the first year 100% of the principal is
- freely accessible, less a SFr 500 fee, and loss of the
- interest. So if all funds are needed quickly, either
- for an emergency or for another investment, there is no
- "lock-in" period as there is with most American
- annuities.
- Upon maturity of the account, the investor can
- choose between a lump sum payout (paying capital gains
- tax on accumulated earnings only), rolling the funds
- into an income annuity (paying capital gains taxes only
- as future income payments are received, and then only
- on the portion representing accumulated earnings), or
- extend the scheduled term by giving notice in advance
- of the originally scheduled date (and continue to defer
- tax on accumulated earnings).
-
- According to Swiss law, insurance policies --
- including annuity contracts -- cannot be seized by
- creditors. They also cannot be included in a Swiss
- bankruptcy procedure. Even if an American court
- expressly orders the seizure of a Swiss annuity account
- or its inclusion in a bankruptcy estate, the account
- will not be seized by Swiss authorities, provided that
- it has been structured the right way.
- There are two requirements: A U. S. resident who
- buys a life insurance policy from a Swiss insurance
- company must designate his or her spouse or
- descendants, or a third party (if done so irrevocably)
- as beneficiaries. Also, to avoid suspicion of making a
- fraudulent conveyance to avoid a specific judgment,
- under Swiss law, the person must have purchased the
- policy or designated the beneficiaries not less than
- six months before any bankruptcy decree or collection
- process.
- These laws are part of fundamental Swiss law.
- They were not created to make Switzerland an asset
- protection haven. In the Swiss annuity situation, the
- insurance policy is not being protected by the Swiss
- courts and government because of any especial concern
- for the American investor, but because the principle of
- protection of insurance policies is a fundamental part
- of Swiss law -- for the protection of the Swiss
- themselves. Insurance is for the family, not something
- to be taken by creditors or other claimants. No Swiss
- lawyer would even waste his time bringing such a case.
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- Contact information
- The only way for North Americans to get
- information on Swiss annuities is to send a letter to a
- Swiss insurance broker. This is because very few
- transactions can be concluded directly with foreigners
- either with a Swiss insurance company or with regular
- Swiss insurance agents.
- When you contact a Swiss insurance broker, be sure
- to include, in addition to your name, address, and
- telephone number, your date of birth, marital status,
- citizenship, number of children and their ages, name of
- spouse, a clear definition of your financial objectives
- (possibly on what dollar amount you would like to
- receive), and whether the information is for a
- corporation or an individual, or both.
- One firm specializes in dealing with English
- speaking investors, and everybody in the firm speaks
- excellent English. They are also familiar with U. S.
- laws affecting the purchase of Swiss annuities.
- Contact: Mr. Jurg Lattmann. JML Swiss Investment
- Counsellors AG, Dept. 212, Germaniastrasse 55, 8031 Zurich,
- Switzerland; tel. (41-1) 363-2510, fax: (41-1) 361-074.
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