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1994-07-17
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INSURANCE ANNUITIES
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.
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.
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
invest), 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
8033 Zurich
Switzerland
tel. (41-1) 363-2510
fax: (41-1) 361-4074, attn: Dept. 212