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The short answer: key person insurance premiums may be tax deductible as a business expense if specific HMRC criteria are met. The policy must be solely for business benefit, cover loss of profits, and the key person must be an employee.
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Pre-Register for LaunchKey person insurance premiums may be tax deductible if specific HMRC conditions are met. Here is what you need to know.
HMRC sets out specific criteria that must all be met for premiums to be deductible.
The policy must exist only to benefit the trade. If any part of the arrangement provides personal benefit to the key person or their family, it will not qualify for tax relief.
The policy purpose must be to compensate the business for lost trading profits due to the key person's death or illness. Policies designed to repay business debts or buy shares are capital in nature and not deductible.
The key person must be an employee of the company. A shareholder who is not employed by the company does not qualify. Directors with a service contract are employees.
The policy term should match the expected period of the key person's service. A 25-year policy on a 60-year-old may be challenged by HMRC as unreasonable.
The policy must be a term assurance with no surrender value. Whole of life, endowment, or investment-linked policies are not deductible.
The company must be the policy owner and beneficiary. If the policy is assigned to anyone else (lender, family, trust), it will not be deductible.
These scenarios will prevent tax deductibility.
If the policy is to repay a business loan, overdraft, or other debt, it is capital in nature. HMRC will not allow tax deduction even if the key person is an employee.
Policies designed to fund a share buyback or partnership buyout on death are capital transactions. These premiums are not deductible.
If the payout goes to the key person's family or estate rather than the business, there is personal benefit and the premiums are not deductible.
If the insured person is a shareholder but not an employee of the company, premiums cannot be deducted. They must have a contract of employment or service agreement.
Key person insurance premiums may be tax deductible in the UK if the policy meets HMRC criteria: it must be solely for business benefit, cover loss of profits (not loans or share buyback), and the key person must be an employee. The relevant HMRC guidance is BIM45525.
If the premiums were deducted as a business expense, the payout is taxable as trading income. If premiums were not deducted (because the policy was for loan protection or shareholder protection), the payout is typically tax-free as a capital receipt.
You may be able to claim key person insurance premiums as a business expense if the policy is solely for business benefit, covers loss of profits, the key person is an employee, and it is a term assurance with no surrender value. Always consult an accountant for advice specific to your situation.
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